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Form Analysis

Project Name: Shepherd and Durham Major Investment Project

CSJ(s): 0912-72-607

County(ies): Harris

Date Analysis Completed: August 7, 2020

Prepared by: Stephanie Kirschner

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT.

I. Endangered Species Act

Select the appropriate statement below based on the determinations recorded in the completed project- specific species analysis spreadsheet:

☒ This project does not require consultation with or authorization from the USFWS under the Endangered Species Act.

☐ This project requires consultation with or authorization from the USFWS under the Endangered Species Act.

For a project that requires federal authorization or approval, if the completed project-specific species analysis spreadsheet indicates, “May affect,” for any species, then consultation with the USFWS is required under section 7 of the Endangered Species Act and the second checkbox above must be checked.

For more information regarding the Endangered Species Act, see ENV’s Endangered Species Act Handbook.

II. TPWD Coordination

Select the appropriate statement below:

☐ This project consists solely of maintenance activities that are of a type or type(s) covered by the Maintenance Program Environmental Assessment, and therefore no coordination with TPWD is required. Do not fill out a separate Tier I Site Assessment Form.

☒ This project does not consist solely of maintenance activities that are of a type or type(s) covered by the Maintenance Program Environmental Assessment, and therefore a Tier I Site Assessment is required.

Form Version 4 TxDOT Environmental Affairs Division 300.03.FRM Effective Date: January 2020 Page 1 of 2

Species Analysis Form

III. Bald and Golden Eagle Protection Act (BGEPA)

Select the appropriate statement below:

☒ This project is not within 660 feet of an active or inactive Bald or Golden Eagle nest. Therefore, no coordination with USFWS is required.

☐ This project is within 660 feet of an active or inactive Bald or Golden Eagle nest; however, construction activities within 660 feet will not occur during the nesting season, and the project will adhere to the National Bald Eagle Management Guidelines of 2007. Therefore, no coordination with USFWS is required.

☐ This project is within 660 feet of an active or inactive Bald or Golden Eagle nest, and construction within 660 feet will occur during the nesting season or the project will not adhere to the National Bald Eagle Management Guidelines of 2007. Therefore, coordination with USFWS to obtain a Non-Purposeful Take Permit is required.

For more information regarding BGEPA, see Section 7.0 of ENV’s Ecological Resources Handbook.

IV. Migratory Bird Protections

This project will comply with applicable provisions of the Migratory Bird Treaty Act (MBTA) and Texas Parks and Wildlife Code Title 5, Subtitle B, Chapter 64, Birds. It is the department’s policy to avoid removal and destruction of active bird nests except through federal or state approved options. In addition it is the department’s policy to, where appropriate and practicable:

 use measures to prevent or discourage birds from building nests on man-made structures within portions of the project area planned for construction, and  schedule construction activities outside the typical nesting season.

For more information regarding migratory bird protections, see ENV’s Guidance: Avoiding Migratory Birds and Handling Potential Violations and Section 3.0 of ENV’s Ecological Resources Handbook.

V. Resources Consulted

Indicate which resources were consulted/actions were taken to make the species analysis determinations recorded in this form (DO NOT ATTACH TO THIS FORM OR UPLOAD TO ECOS ANY RESOURCES CONSULTED – JUST CHECK THE APPROPRIATE BOX(ES)): ☒ Aerial Photography ☒ Topographic Map ☒ Natural Diversity Database (NDD) ☐ Karst Zone Maps ☒ Ecological Mapping System of Texas (EMST) ☒ Site Visit ☐ Species Expert Consulted ☐ Species Habitat or Presence/absence Survey ☐ Other:

Form Version 4 TxDOT Environmental Affairs Division 303.03.FRM Effective Date: January 2020 Page 2 of 2

Tier I Site Assessment

Main CSJ: 0912-72-607 Form Prepared By: Stephanie Kirschner

Date of Evaluation: July 24, 2020

Proposed Letting Date: August 2021 Project not assigned to TxDOT under the NEPA Assignment MOU District(s): Houston County(ies): Harris Roadway Name: North Durham Drive/North Shepherd Drive Limits From: IH-610 Limits To: IH-10 Project Description: The project will reconstruct and improve two parallel urban principal arterial roadways (one- way couplets) of four-lanes each and six streets (of various width and classification) which connect them. The purpose of this project is to address regional priorities most related to safety, state of good repair, multi-modal access, and storm water mitigation. The project will replace and upgrade all public infrastructure within the existing public right-of-way. Ultimately, this project will create a true Complete Street with superior multi-modal connectivity to the regional transit and shared use path system while providing storm water management upgrades to the greatest degree practicable.

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT.

1. No Is the project limited to a maintenance activity exempt from coordination? http://txdot.gov/inside-txdot/division/environmental/maintenance-program.html

2. No Has the project previously completed coordination with TPWD?

3. Yes Is the project within range of a state threatened or endangered species or SGCN and suitable habitat is present? *Explain: Per the NDD, one State Threatened Alligator Snapping Turtle was identified somewhere in White Oak Bayou (no specific location provided) in 1974. A small section of the project alignment on Shepherd Drive (approximately 68 feet) is classified as Coastal Prairie; this is the only part of the project alignment not in an area classified as Urban High or Low Density. While the Bayou could potentially provide habitat, no project work will only be done on existing infrastructure over the Bayou and no work will take place within the Bayou.

Date TPWD County List Accessed: February 12, 2020

Date that the NDD was accessed: February 12, 2020

What agency performed the NDD search? TxDOT

What version of the NDD was used? TPWD GIS shapefiles and reports

Yes Does the BMP PA eliminate the requirement to coordinate for all species?

Form 300.02.FRM TxDOT Environmental Affairs Division Version 4 Effective Date: December 2019 0912-72-607 Page 1 of 4 Tier I SIte Assessment

*Explain: There are two recommended BMPs for the Alligator Snapping Turtle. The first is to minimize impacts to wetland and riverine habitats; no work will take place within the Bayou, the only wetland/riverine habitat in the project area. The second recommended BMP is the Aquatic Reptile BMP. The recorded observation of the turtle was prior to 1980 (1974); the project is not a new roadway; and the project will not acquire new ROW or work within ROW in water or permanently impacting a water feature. Therefore, the requirement for coordination is eliminated.

4. No NDD and TCAP review indicates adverse impacts to remnant vegetation?

5. No Does the project require a NWP with PCN or IP by USACE?

6. No Does the project include more than 200 linear feet of stream channel for each single and complete crossing of one or more of the following that is not already channelized or otherwise maintained:

7. No Does the project contain known isolated wetlands outside the TxDOT ROW that will be directly impacted by the project?

8. No Would the project impact at least 0.10 acre of riparian vegetation?

9. No Does project disturb a habitat type in an area equal to or greater than the area of disturbance indicated in the Threshold Table Programmatic Agreement?

*Attach associated file of EMST output (Mapper Report or other Excel File which includes MOU Type, Ecosystem Name, Common/Vegetation Type Name) in ECOS

Excel File Name:

9.1. No Is there a discrepancy between actual habitat(s) and EMST mapped habitat(s)?

Attach file showing discrepancy between actual and EMST mapped habitat(s). File Name:

Is TPWD Coordination Required?

No - No coordination is required because the species trigger was met but BMPs were implemented and included in EPIC sheets

Form 300.02.FRM TxDOT Environmental Affairs Division Version 4 Effective Date: December 2019 0912-72-607 Page 2 of 4 Tier I SIte Assessment

BMPs Implemented as required by BMP Programmatic Agreement (Include BMPs from the standard recommendations list.): Minimize impacts to wetland and riverine habitats; Aquatic Reptile BMP

Form 300.02.FRM TxDOT Environmental Affairs Division Version 4 Effective Date: December 2019 0912-72-607 Page 3 of 4 Tier I SIte Assessment Suggested Attachments

Aerial Map (with delineated project boundaries) USFWS T&E List TPWD T&E List Species Analysis Summary

NDD EOID List and Tracked Managed Areas (Required for TPWD Coordination)

EMST Project MOU Summary Table (Required for TPWD Coordination) TPWD SGCN List Photos (Required for TPWD Coordination) Previous TPWD Coordination Documentation (if applicable)

Form 300.02.FRM TxDOT Environmental Affairs Division Version 4 Effective Date: December 2019 0912-72-607 Page 4 of 4 Attachments

Attachment 1 – Species Analysis Summary Spreadsheet Attachment 2 – Harris County Endangered Species Report Attachment 3 – Habitat Maps Attachment 4 – Species Maps Attachment 5 – Project Area Photos Attachment 6 – USFWS Consultation Letter Attachment 1 – Species Analysis Summary Spreadsheet SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

The species inhabits areas with deep, friable, sandy soils that contain varying degrees of overstory vegetation. There is a very strong correlation between Houston toad No habitat will be Area is highly sites and the occurrence of deep (>40 inches) sandy soils altered. Area is highly urbanized. The in more or less contiguous zones of greater than urbanized. The project is an 20,000 acres. All existing, known Houston toad project is an alteration to an populations occur within two separate bands of geologic alteration to an existing roadway. Per formations, which contain the deepest surface sands in existing roadway. Per IPaC report, no Anaxyrus (Bufo) the region. Within Bastrop County, these formations IPaC report, no Harris Houston Toad N suitable habitat is E No effect E No impact N houstonensis include the Sparta Sand, Weches Formation, Queen City suitable habitat is present. Per NDD, Sand, Recklaw Formation, and Carrizo Sand. To the present. Per NDD, the are is Urban High southeast in Lavaca, Austin, and Colorado counties lies the are is Urban High Density and Urban the other band of Houston toad habitat, which includes Density and Urban Low Density and the Willis and Goliad formations. Vegetative cover within Low Density and there are no element Houston toad habitat usually contains some degree of there are no element occurences. forested vegetation. Loblolly pine (Pinus taeda ) and post occurences. oak (Quercus stellata ) are common overstory species.

Black rails are year-round residents of the central and upper coast and migrants in the eastern part of the state. The species nests in salt, brackish, and freshwater marshes, pond borders, wet meadows, and wetlands with hydrophytic grass species. Water depth is an important No habitat will be Area is highly and key habitat component, as the species typically is altered. Area is highly urbanized. The found where water is less than two to four centimeters urbanized. The project is an deep. Other significant habitat factors may include project is an alteration to an vegetation density, distance to open water, and water alteration to an existing roadway. Per regime stability. Nesting typically occurs in the highest existing roadway. Per IPaC report, no Laterallus sections of the marsh, which have mesic to hydric soils IPaC report, no Harris Birds Black Rail N suitable habitat is PT No effect T No impact N jamaicensis and are flooded by only the highest tides. Nests are built suitable habitat is present. Per NDD, in areas with saturated or shallowly flooded soils and present. Per NDD, the are is Urban High dense vegetation on damp ground, on mat of previous the are is Urban High Density and Urban year's dead grasses, or over shallow water. In salt or Density and Urban Low Density and brackish marshes, typical habitat includes dense stands Low Density and there are no element of cordgrasses (Spartina sp.), spikegrasses (Distichlis there are no element occurences. sp.), and needlerush (Juncus sp.), or, in more upland occurences. saltbush communities along marsh edges. Typical freshwater habitat includes species such as cattail (Typha ) and bulrush (Scirpus sp.). Non-breeding habitat is thought to be similar to breeding habitat.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 1 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be The interior population (subspecies athalassos ) of the Area is highly altered. Area is highly Least Tern nests on bare or sparsely vegetated sand, urbanized. The urbanized. The shell, and gravel beaches, sandbars, islands, and salt project is an project is an flats associated with inland rivers and reservoirs. It alteration to an alteration to an occasionally nests on man-made structures such as sand existing roadway. Per existing roadway. Per and gravel pits or gravel rooftops. Preferred habitat IPaC report, no Sternula (=Sterna) IPaC report, no Harris Birds Least Tern includes sand and gravel bars within a wide unobstructed N suitable habitat is E No effect E No impact N antillarum suitable habitat is river channel, or open flats along shorelines of lakes and present. Per NDD, present. Per NDD, reservoirs. Colony sites can move annually, depending on the are is Urban High the are is Urban High landscape disturbance and vegetation growth at Density and Urban Density and Urban established colonies. It is known to nest at three Low Density and Low Density and reservoirs along the Rio Grande River, on the Canadian there are no element there are no element River in the northern Panhandle, and along the Red River. occurences. occurences. This migratory species overwinters in Texas, where it occurs on beaches, ephemeral sand flats, barrier islands, sand, mud, algal flats, washover passes, salt marshes, No habitat will be lagoons, and dunes along the Gulf Coast and adjacent Area is highly altered. Area is highly offshore islands, including spoil islands in the Intracoastal urbanized. The urbanized. The Waterway. Algal flats appear to be the highest quality project is an project is an habitat because of their relative inaccessibility and their alteration to an alteration to an continuous availability throughout all tidal conditions. existing roadway. Per existing roadway. Per Sand flats often appear to be preferred over algal flats IPaC report, no Charadrius IPaC report, no Harris Birds Piping Plover when both are available, but large portions of sand flats N suitable habitat is T No effect T No impact N melodus suitable habitat is along the Texas coast are available only during low or very present. Per NDD, present. Per NDD, low tides and are often completely unavailable during the are is Urban High the are is Urban High extreme high tides or strong north winds. Beaches appear Density and Urban Density and Urban to serve as a secondary habitat to the flats associated Low Density and Low Density and with the primary bays, lagoons, and inter-island passes. there are no element there are no element Beaches are rarely used on the southern Texas coast, occurences. occurences. where bayside habitat is always available, and are abandoned as bayside habitats become available on the central and northern coast. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an The species is a winter resident and migrant in Texas. It is project is an alteration to an primarily found in marine habitats such as sandy alteration to an existing roadway. Per beaches, salt marshes, lagoons, mudflats of estuaries existing roadway. Per IPaC report, no Calidris canutus and bays, and mangrove swamps during winter months. It IPaC report, no Harris Birds Red Knot N suitable habitat is T No effect T No impact N rufa primarily occurs along the Gulf coast on tidal flats and suitable habitat is present. Per NDD, beaches and less frequently in marshes and flooded present. Per NDD, the are is Urban High fields. It has occasionally been observed along shorelines the are is Urban High Density and Urban of large lakes and freshwater marshes. Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 2 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly The species is a year-round resident of the Piney Woods altered. Area is highly urbanized. The ecosystem of east Texas. Optimal habitat consists of pine urbanized. The project is an forest with large, widely-spaced trees. It nests in cavities project is an alteration to an in mature (over 60 years old) longleaf pine (Pinus alteration to an existing roadway. Per palustris ), when it occurs, but will also utilize shortleaf (P. existing roadway. Per IPaC report, no Red-cockaded echinata ) and loblolly pine (P. taeda ). Relatively younger IPaC report, no Harris Birds Picoides borealis N suitable habitat is E No effect E No impact N Woodpecker pines (over 30 years old) can be used for foraging. Nest suitable habitat is present. Per NDD, cavities are excavated from living trees, taking 1 to 3 present. Per NDD, the are is Urban High years to create. As a cooperative breeding species, nest the are is Urban High Density and Urban cavities occur in clusters, with 1 to 20 cavity trees Density and Urban Low Density and occurring over 3 to 60 acres. The clan home range is Low Density and there are no element approximately 200 acres when not nesting. there are no element occurences. occurences. No habitat will be A year-round resident of the Texas Gulf Coast, the species Area is highly altered. Area is highly inhabits saline, hypersaline, or brackish coastal habitats urbanized. The urbanized. The including barren sand or mud tidal flats, salt ponds, project is an project is an lagoons, and open mangrove communities. It occurs less alteration to an alteration to an frequently in other habitats such as coastal beaches, existing roadway. Per existing roadway. Per sparsely-vegetated freshwater marshes, and the shores IPaC report, no IPaC report, no Harris Birds Reddish Egret Egretta rufescens of lakes and reservoirs. It nests on the ground or low in N suitable habitat is —N/ATNo impact N suitable habitat is mangroves or other terrestrial vegetation (e.g. mesquite present. Per NDD, present. Per NDD, [Prosopis glandulosa ], yucca [Yucca sp.], or prickly-pear the are is Urban High the are is Urban High [Opuntia sp.]) on natural islands or man-made dredge Density and Urban Density and Urban spoil islands, but it also occasionally nests on the coastal Low Density and Low Density and mainland. It forages in shallow water usually less than 15 there are no element there are no element centimeters deep. occurences. occurences. No habitat will be Area is highly altered. Area is highly This migratory species breeds in the South Central Plains urbanized. The urbanized. The of east Texas and throughout the southeastern U.S. In project is an project is an Texas, breeding habitat occurs between sea level and alteration to an alteration to an 230 meters in elevation in bottomland forests, cypress existing roadway. Per existing roadway. Per swamps, pine glades, and freshwater marshes skirting IPaC report, no Swallow-tailed Elanoides IPaC report, no Harris Birds large lakes. It nests near the tops of trees that are higher N suitable habitat is —N/ATNo impact N Kite forficatus suitable habitat is than the surrounding stand, often near a clearing or the present. Per NDD, present. Per NDD, edge of a forest or woodland. It prefers to nest in pines, the are is Urban High the are is Urban High but occasionally uses species such as bald cypress Density and Urban Density and Urban (Taxodium distichum ), water oak (Quercus nigra ), or Low Density and Low Density and cottonwood (Populus deltoides ). there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 3 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The species is found in the Western Gulf Coastal Plains alteration to an alteration to an ecoregion of Texas. Preferred habitat includes freshwater existing roadway. Per existing roadway. Per wetlands, marshes, ponds, rivers, irrigated land, and IPaC report, no IPaC report, no Harris Birds White-faced Ibis Plegadis chihi sloughs, but it occasionally forages in brackish or N suitable habitat is —N/ATNo impact N suitable habitat is saltwater marshes. It nests in marshes in low trees, on present. Per NDD, present. Per NDD, the ground in bulrushes (Scirpus sp.) or reeds, or on the are is Urban High the are is Urban High floating mats. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be This year-round resident species occurs throughout the Area is highly altered. Area is highly Western Gulf Coastal Plain ecoregion of Texas and less urbanized. The urbanized. The frequently farther inland in the East Central Texas Plains project is an project is an and South Texas Plains regions. Near the coast, preferred alteration to an alteration to an habitat includes prairies, cordgrass flats, and live oak existing roadway. Per existing roadway. Per scrub. Further inland it inhabits prairies, mesquite and IPaC report, no IPaC report, no Harris Birds White-tailed Hawk Buteo albicaudatus oak savannas, and mixed savanna-chaparral. Breeding N suitable habitat is —N/ATNo impact N suitable habitat is occurs within open savannas with short trees and shrubs, present. Per NDD, present. Per NDD, such as mesquite (Prosopis glandulosa ), hackberry the are is Urban High the are is Urban High (Celtis laevigata ), and oak (Quercus sp.), with an average Density and Urban Density and Urban height of 12 feet and canopy diameter of 18 feet. Low Density and Low Density and Suitable coastal prairie habitat is similar to desirable there are no element there are no element range condition for cattle grazing. occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The The species breeds in Canada and winters on the Texas urbanized. The project is an coast at Aransas National Wildlife Refuge. During project is an alteration to an migration it typically stops to rest and feed in open alteration to an existing roadway. Per bottomlands of large rivers and marshes but, like other existing roadway. Per IPaC report, no waterbirds, it may also utilize flooded croplands, playas, IPaC report, no Harris Birds Whooping Crane Grus americana N suitable habitat is E No effect E No impact N large wetlands associated with lakes, small ponds, and suitable habitat is present. Per NDD, various other aquatic features. Typical migration habitat present. Per NDD, the are is Urban High includes sites with good horizontal visibility, water depth the are is Urban High Density and Urban of 30 centimeters or less, and minimum wetland size of Density and Urban Low Density and 0.04 hectare for roosting. Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 4 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The The species breeds in Mexico, and nesting sites have not project is an project is an been recorded in Texas since 1960. However, post- alteration to an alteration to an breeding migrants disperse into Texas in the summer. existing roadway. Per existing roadway. Per Foraging habitat includes freshwater prairie ponds, IPaC report, no Mycteria IPaC report, no Harris Birds Wood Stork flooded pastures or fields, ditches, and other shallow N suitable habitat is —N/ATNo impact N americana suitable habitat is standing water with an open canopy, occasionally present. Per NDD, present. Per NDD, including brackish wetlands. The species typically roosts the are is Urban High the are is Urban High communally in tall snags, sometimes in association with Density and Urban Density and Urban other wading birds (i.e. active heronries). Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The species is primarily found in the Atlantic from Canada alteration to an alteration to an to Florida, but occasionally occurs in the Gulf of Mexico. It existing roadway. Per existing roadway. Per Acipenser has not been recorded off the Texas coast. It is primarily a IPaC report, no IPaC report, no Harris Fishes Atlantic Sturgeon oxyrinchus marine species, when not breeding, but is found close to N suitable habitat is E No effect — N/A N suitable habitat is oxyrinchus shore. It migrates to rivers and brackish water features present. Per NDD, present. Per NDD, (sometimes tidal) in the spring and fall to spawn, usually the are is Urban High the are is Urban High over bottoms of hard clay, rubble, gravel, and/or shell. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly The dwarf seahorse is one of the smallest seahorse urbanized. The urbanized. The species and is found in seagrass beds, mangrove roots, project is an project is an and algal mats along the coasts of the Western Atlantic alteration to an alteration to an Ocean, Caribbean Sea, and Gulf of Mexico. Preferred existing roadway. Per existing roadway. Per habitat includes bays, estuaries, and lagoons. Like many IPaC report, no Hippocampus IPaC report, no Harris Fishes Dwarf Seahorse seahorse species, the dwarf seahorse is nocturnal, and N suitable habitat is C No effect — N/A N zosterae suitable habitat is feeds on brine shrimp, amphipods, crustaceans, and present. Per NDD, present. Per NDD, other small organisms. Seagrass beds are important the are is Urban High the are is Urban High components of their habitat because they use their Density and Urban Density and Urban prehensile taila to hold on to the vegetation to keep from Low Density and Low Density and being swept away by ocean currents. there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 5 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly The giant manta ray has a world-wide distribution, but is altered. Area is highly urbanized. The currently limited to several highly fragmented populations. urbanized. The project is an It is the largest species of ray with a wingspan of up to 29 project is an alteration to an feet. The giant manta ray is a that forages alteration to an existing roadway. Per primarily on microscopic organisms, but is known to existing roadway. Per IPaC report, no consume some small fish. Common occurrences are in IPaC report, no Harris Fishes Giant Manta Ray Manta birostris N suitable habitat is T No effect — N/A N oceanic waters, offshore, and near protective coastlines. suitable habitat is present. Per NDD, The species has been documented in the Gulf of Mexico, present. Per NDD, the are is Urban High including juvenile nursery grounds at Flower Garden the are is Urban High Density and Urban Banks National Marine Sanctuary off the coast of Texas. Density and Urban Low Density and This species also occasionally occurs in estuarine waters Low Density and there are no element near ocean inlets at potential nursery grounds. there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an alteration to an alteration to an existing roadway. Per This generalist species of shark preferes warm coastal existing roadway. Per IPaC report, no Great waters where it occurs. However, it can be found in deep IPaC report, no Harris Fishes Sphyrna mokarran N suitable habitat is —N/ATNo impact N Hammerhead open ocean as well as shallow coastal waters. It migrates suitable habitat is present. Per NDD, seasonally in search of ideal water tempuratures. present. Per NDD, the are is Urban High the are is Urban High Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

This large fish species is the only sturgeon found off the No habitat will be Area is highly Texas coast in the Gulf of Mexico. It is an anadromous altered. Area is highly urbanized. The species spending warm months in large coastal rivers to urbanized. The project is an spawn and cooler months in the nearshore Gulf waters, project is an alteration to an estuaries, and bays. Sporadic occurrences have been alteration to an existing roadway. Per recorded along the Texas and Mexico border, around the existing roadway. Per IPaC report, no Acipenser Rio Grande. Successful spawning requires optimum IPaC report, no Harris Fishes Gulf Sturgeon N suitable habitat is T No effect — N/A N oxyrinchus desotoi conditions in water temperature, flow, and pH, as well as suitable habitat is present. Per NDD, preferred substata (gravel, bedrock, or boulders) for egg present. Per NDD, the are is Urban High deposits. Juveniles will typically stay within the river for 2 the are is Urban High Density and Urban to 3 years before swimming out to the estuaries. Species Density and Urban Low Density and are indiscriminate benthivores, foraging and eating Low Density and there are no element anything they suck off the substratum (crabs, shrimp, there are no element occurences. amphipods, polychaete worms, mollusks, small fish, etc.). occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 6 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be This species has the widest historic range of all the Area is highly altered. Area is highly sawfish species; however, worldwide populations have urbanized. The urbanized. The decreased dramatically. Adult habitat includes inshore project is an project is an coastal waters, lagoons, river mouths, and estuaries, and alteration to an alteration to an juveniles inhabit fresh water systems that have existing roadway. Per existing roadway. Per connectivity to brackish or marine coastal systems. The IPaC report, no Largetooth IPaC report, no Harris Fishes Pristis pristis species has been documented at the Flower Garden N suitable habitat is E No effect — N/A N Sawfish suitable habitat is Banks National Marine Sanctuary. This species feeds on present. Per NDD, present. Per NDD, invertebrates and small fishes. Historically, the Gulf of the are is Urban High the are is Urban High Mexico along the Texas coast had a large population; Density and Urban Density and Urban however, the Texas coast population has dramatically Low Density and Low Density and decreased, and it has not been recorded off the coast of there are no element there are no element Texas since 1943. occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The Nassau grouper inhabits reefs in the southern Gulf of alteration to an alteration to an Mexico and throughout the Carribean Sea. It generally is existing roadway. Per existing roadway. Per found along the shoreline to depths of 100 meters. It can IPaC report, no Epinephelus IPaC report, no Harris Fishes Nassau Grouper also be found in or near seagrass beds, cuts, rocks, N suitable habitat is T No effect — N/A N striatus suitable habitat is pilings, and seawalls. Important nursery habitats are present. Per NDD, present. Per NDD, shallow-water sites with coral clumps covered with the are is Urban High the are is Urban High macroalgae. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The This pelagic shark ranges from Argentina to Maine, project is an project is an including the Gulf of Mexico, the Pacific Ocean, and the alteration to an alteration to an Caribbean Sea. It is generally a surface-dwelling species, existing roadway. Per existing roadway. Per but it can also be found in water depths up to 183 IPaC report, no Oceanic Whitetip Carcharhinus IPaC report, no Harris Fishes meters. The oceanic whitetip shark generally remains N suitable habitat is T No effect T No impact N Shark longimanus suitable habitat is offshore in the open ocean or along the outer continental present. Per NDD, present. Per NDD, shelf, but is occasionally found near oceanic islands. It the are is Urban High the are is Urban High prefers water temperatures greater than 20 degrees Density and Urban Density and Urban Celsius. Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 7 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly This coastal pelagic species is highly migratory and altered. Area is highly urbanized. The primarily inhabits deeper temperate, warm, and tropical urbanized. The project is an waters worldwide. Adults of the species have been project is an alteration to an recorded along the continental shelf off Texas, the Flower alteration to an existing roadway. Per Garden Banks National Marine Sanctuary, Stetson Bank, existing roadway. Per Scalloped IPaC report, no and Padre Island National Seashore. Juveniles have been IPaC report, no Harris Fishes Hammerhead Sphyrna lewini N suitable habitat is T No effect — N/A N recorded within nurseries in Texas coastal bays and suitable habitat is Shark present. Per NDD, estuaries. The females return to their natal sites, which present. Per NDD, the are is Urban High generally include shallow nearshore waters like bays and the are is Urban High Density and Urban estuaries used for nurseries. They typically feed on Density and Urban Low Density and mackerel, herring, and sardines; however, they Low Density and there are no element occasionally feed on octopus and squid. there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an alteration to an alteration to an existing roadway. Per existing roadway. Per This species of shark prefers the surface of open warm IPaC report, no IPaC report, no Harris Fishes Shortfin Mako Isurus oxyrinchus seas in the Gulf of Mexico. It feeds primarily on schooling N suitable habitat is —N/ATNo impact N suitable habitat is fishes like mackerels and herrings. present. Per NDD, present. Per NDD, the are is Urban High the are is Urban High Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an alteration to an alteration to an existing roadway. Per The shortnose sturgeon inhabits rivers and Atlantic existing roadway. Per IPaC report, no Shortnose Acipenser coastal bays and estuaries from Canada to Florida. The IPaC report, no Harris Fishes N suitable habitat is E No effect — N/A N Sturgeon brevirostrum species has not been documented near the Texas coast suitable habitat is present. Per NDD, or in the Gulf of Mexico. present. Per NDD, the are is Urban High the are is Urban High Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 8 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The This anadromous species historically occurred in waters project is an project is an from Texas to New York. There has been a dramatic alteration to an alteration to an population decrease, but it still occurs in U.S waters. The existing roadway. Per existing roadway. Per species has been documented at the Flower Garden IPaC report, no Smalltooth IPaC report, no Harris Fishes Pristis pectinata Banks National Marine Sanctuary. Adult habitat includes N suitable habitat is E No effect E No impact N Sawfish suitable habitat is inshore coastal waters, lagoons, river mouths, and present. Per NDD, present. Per NDD, estuaries, and juveniles inhabit fresh water systems that the are is Urban High the are is Urban High have connectivity to brackish or marine coastal systems. Density and Urban Density and Urban The species feeds on invertebrates and small fishes. Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The species is widespread in east Texas from the Red to alteration to an alteration to an the San Jacinto Rivers. The species occurs in pools of existing roadway. Per existing roadway. Per clear headwaters, creeks, and small rivers with silt, sand, IPaC report, no Western Creek Erimyzon IPaC report, no Harris Fishes and gravel substrates, and occasionally in lakes. It is N suitable habitat is —N/ATNo impact N Chubsucker claviformis suitable habitat is frequently found near submergent vegetation. Spawning present. Per NDD, present. Per NDD, occurs in river mouths or pools, riffles, lake outlets, or the are is Urban High the are is Urban High upstream creeks. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. This rare coral is endemic to the Gulf of Mexico and No habitat will be Area is highly Caribbean Sea, specifically in areas around Florida, altered. Area is highly urbanized. The Bermuda, and the Bahamas. It is known to occur in the urbanized. The project is an Flower Garden Banks National Marine Sanctuary which is project is an alteration to an located approximately 70 to 115 miles off the coasts of alteration to an existing roadway. Per Texas and Louisiana. It is an important reef building existing roadway. Per IPaC report, no Boulder Star species that forms domes, columns, and flat shelf-like IPaC report, no Harris Invertebrates Orbicella franksi N suitable habitat is T No effect — N/A N Coral colonies. Preferred habitat includes most reef suitable habitat is present. Per NDD, environments and depths ranging from 1 to 82 meters. present. Per NDD, the are is Urban High The species requires very specific water parameters and the are is Urban High Density and Urban is highly sensitive to changes in water and air Density and Urban Low Density and temperatures, salinity, methane gasses and carbon Low Density and there are no element dioxide concentrations, light levels, ultraviolet radiation, there are no element occurences. water quality, turbulence, and sedimentation. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 9 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

The elkhorn coral is found in the Gulf of Mexico and Carribean Sea including Flower Garden Banks National Marine Sanctuary, which is located approximately 70 to No habitat will be Area is highly 115 miles off the coasts of Texas and Louisiana. This altered. Area is highly urbanized. The coral species reproduces asexually and sexually and is urbanized. The project is an found in reef environments in deeper, more protected, project is an alteration to an water depths from 5 to 20 meters and in more shallow, alteration to an existing roadway. Per turbulent water at depths of 1 to 5 meters. On rare existing roadway. Per IPaC report, no occasions, it can be found at depths of 60 meters. The IPaC report, no Harris Invertebrates Elkhorn Coral Acropora palmata N suitable habitat is T No effect — N/A N tolerable water temperature range for this species is 21 suitable habitat is present. Per NDD, to 29 degrees Celsius. Temperatures outside this range, present. Per NDD, the are is Urban High even 1-2 degrees Celsius, may cause stress to the coral the are is Urban High Density and Urban and induce a bleaching event that can cause death. Density and Urban Low Density and Corals are also vulnerable to water salinity, air Low Density and there are no element temperatures, methane gasses and carbon dioxide, there are no element occurences. decreased or high light levels, increased ultraviolet occurences. radiation, high or increased water turbulence, and burial by sedimentation.

This hermaphroditic broadcast-spawning coral grows in shallow reef systems and can found at depths up to 82 meters. The species range is from Latin America through No habitat will be the Gulf of Mexico, including the Flower Garden Banks Area is highly altered. Area is highly National Marine Sanctuary, and extending north and east urbanized. The urbanized. The to Bermuda and the Caribbean. It is often one of the most project is an project is an dominant and abundant species where found. This coral alteration to an alteration to an species can form massive colonies, is considered a reef- existing roadway. Per existing roadway. Per builder, and provides other reef dwellers refuge from IPaC report, no IPaC report, no Harris Invertebrates Lobed Star Coral Orbicella annularis predators. The tolerable water temperature range for this N suitable habitat is T No effect — N/A N suitable habitat is species is 23 to 29 degrees Celsius. Temperatures present. Per NDD, present. Per NDD, outside this range, even 1-2 degrees Celsius, may cause the are is Urban High the are is Urban High stress to the coral and induce a bleaching event that can Density and Urban Density and Urban cause death. Corals are also vulnerable to water salinity, Low Density and Low Density and air temperatures, methane gasses and carbon dioxide, there are no element there are no element decreased or high light levels, increased ultraviolet occurences. occurences. radiation, high or increased water turbulence, and burial by sedimentation. Any of these events lasting longer than a few weeks will most likely result in death.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 10 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

The mountainous star coral occurs in shallow waters in the Gulf of Mexico and Carribean Sea. It has been No habitat will be Area is highly documented in the Flower Garden Banks National Marine altered. Area is highly urbanized. The Sanctuary, which is from 70 to 115 miles off the Texas urbanized. The project is an coast. This species can grow in water depths up to 40 project is an alteration to an meters. The mountainous star coral is often one of the alteration to an existing roadway. Per most dominant and abundant species where found. The existing roadway. Per IPaC report, no Mountainous Star tolerable water temperature range for this species is 23 IPaC report, no Harris Invertebrates Orbicella faveolata N suitable habitat is T No effect — N/A N Coral to 29 degrees Celsius. Temperatures outside this range, suitable habitat is present. Per NDD, even 1-2 degrees Celsius, may cause stress to the coral present. Per NDD, the are is Urban High and induce a bleaching event that can cause death. the are is Urban High Density and Urban Corals are also vulnerable to water salinity, air Density and Urban Low Density and temperatures, methane gasses and carbon dioxide, Low Density and there are no element decreased or high light levels, increased ultraviolet there are no element occurences. radiation, high or increased water turbulence, and burial occurences. by sedimentation. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The Pillar corals range from Latin America north through the project is an project is an Gulf of Mexico to the coast of Florida. This broadcast- alteration to an alteration to an spawning coral reproduces sexually and is found in existing roadway. Per existing roadway. Per sheltered reef environments. The species can live in water IPaC report, no Dendrogyra IPaC report, no Harris Invertebrates Pillar Coral depths up to 25 meters. Corals are vulnerable to changes N suitable habitat is T No effect — N/A N cylindrus suitable habitat is in water salinity, air and water temperatures, present. Per NDD, present. Per NDD, concentrations of methane gasses and carbon dioxide, the are is Urban High the are is Urban High light levels, increased ultraviolet radiation, high water Density and Urban Density and Urban turbulence, and burial by sedimentation. Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be The rough cactus coral inhabits sheltered reef Area is highly altered. Area is highly environments in the Gulf of Mexico and Carribean Sea. urbanized. The urbanized. The This species can grow in water depths from 5 to 30 project is an project is an meters. The tolerable water temperature range for this alteration to an alteration to an species is 0 to 25 degrees Celsius. Temperatures outside existing roadway. Per existing roadway. Per this range, even 1-2 degrees Celsius, may cause stress to IPaC report, no Rough Cactus IPaC report, no Harris Invertebrates Mycetophyllia ferox the coral and induce a bleaching event that can cause N suitable habitat is T No effect — N/A N Coral suitable habitat is death. Corals are also vulnerable to water salinity, air present. Per NDD, present. Per NDD, temperatures, methane gasses and carbon dioxide, the are is Urban High the are is Urban High decreased or high light levels, increased ultraviolet Density and Urban Density and Urban radiation, high or increased water turbulence, and burial Low Density and Low Density and by sedimentation. Any of these events lasting longer than there are no element there are no element a few weeks will most likely result in death. occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 11 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly The staghorn coral occurs throughout the Carribean Sea altered. Area is highly urbanized. The and southern Gulf of Mexico, including Flower Gardens urbanized. The project is an National Marine Sanctuary. This species can grow in project is an alteration to an water depths up to 30 meters. The tolerable water alteration to an existing roadway. Per temperature range for this species is 20 to 30 degrees existing roadway. Per IPaC report, no Acropora Celsius. Temperatures outside this range, even 1-2 IPaC report, no Harris Invertebrates Staghorn Coral N suitable habitat is T No effect — N/A N cervicornis degrees Celsius, may cause stress to the coral and induce suitable habitat is present. Per NDD, a bleaching event that can cause death. Corals are also present. Per NDD, the are is Urban High vulnerable to changes in salinity, air temperatures, the are is Urban High Density and Urban concentrations of methane gasses and carbon dioxide, Density and Urban Low Density and light levels, increased ultraviolet radiation, high or Low Density and there are no element increased water turbulence, and burial by sedimentation. there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly The blue whale is the largest on the planet and urbanized. The urbanized. The found in all oceans with the exception of the Arctic Ocean. project is an project is an Its occurrence in the Gulf of Mexico is extremely rare with alteration to an alteration to an only two reported strandings along the Gulf coast existing roadway. Per existing roadway. Per (Louisiana and Texas). This baleen whale feeds almost IPaC report, no Balaenoptera IPaC report, no Harris Mammals Blue Whale exclusively on krill and seasonally migrates between N suitable habitat is E No effect E No impact N musculus suitable habitat is winter breeding grounds (fall and winter) and summer present. Per NDD, present. Per NDD, feeding grounds (spring and summer). Its range extends the are is Urban High the are is Urban High from the subtropics to the Greenland Sea with sightings Density and Urban Density and Urban off of Canada’s coast, the eastern United States, and Low Density and Low Density and infrequently in the Caribbean and Gulf of Mexico. there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The Unlike other baleen whales, Bryde's whale is restricted to project is an project is an tropical, subtropical, and warm temperate waters of the alteration to an alteration to an Atlantic, Indian, and Pacific Oceans. Bryde's whales are existing roadway. Per existing roadway. Per smoky gray with light mottling and three distinctive IPaC report, no Balaenoptera IPaC report, no Harris Mammals Bryde's Whale parallel ridges that extend from the blowhole to the tip of N suitable habitat is E No effect E No impact N edeni suitable habitat is the snout. Some populations are migratory while others present. Per NDD, present. Per NDD, are year-round residents. Bryde's whales feed on krill, the are is Urban High the are is Urban High shrimp, crabs, copepods, and schooling fish in the open Density and Urban Density and Urban ocean. Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 12 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an The false killer whale is a toothed whale that inhabits the project is an alteration to an tropical and subtropical waters of all oceans. It is usually alteration to an existing roadway. Per observed in the open ocean but is found near land around existing roadway. Per IPaC report, no Pseudorca oceanic islands and coasts with nearshore deep water. IPaC report, no Harris Mammals False Killer Whale N suitable habitat is E No effect T No impact N crassidens Two separate strandings have been documented on the suitable habitat is present. Per NDD, Texas coast. The false killer whale generally feeds on present. Per NDD, the are is Urban High squid and fish, but have been known to take marine the are is Urban High Density and Urban mammals and other whales. Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The fin whale is a cosmopolitan baleen species that is alteration to an alteration to an known from all oceans. It is pelagic and usually found 25 existing roadway. Per existing roadway. Per miles or more from the shore. This species migrates IPaC report, no Balaenoptera IPaC report, no Harris Mammals Fin Whale seasonally from high-latitude summer feeding grounds to N suitable habitat is E No effect E No impact N physalus suitable habitat is low-latitude wintering areas. There has only been one present. Per NDD, present. Per NDD, sighting in Texas: a young whale stranded in Chambers the are is Urban High the are is Urban High County. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The The Gulf of Mexico subspecies of Bryde's whale is the only urbanized. The project is an non-migratory resident baleen whale in the Gulf of project is an alteration to an Mexico. It is found primarily near the continental shelf off alteration to an existing roadway. Per the Florida panhandle. The species is not documented in existing roadway. Per Balaenoptera IPaC report, no Gulf of Mexico Texas waters; however, strandings have occurred along IPaC report, no Harris Mammals edeni (GoM N suitable habitat is E No effect E No impact N Bryde's Whale the Louisiana coast. They are a pelagic species and one suitable habitat is subspecies) present. Per NDD, of the more frequently observed baleen whales in the Gulf present. Per NDD, the are is Urban High of Mexico. It is estimated that there are fewer than 100 the are is Urban High Density and Urban individuals of the subspecies, with fewer than 50 mature Density and Urban Low Density and individuals. Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 13 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an The humpback whale is found in all oceans up to the project is an alteration to an polar ice caps. The species follows distinct migratory alteration to an existing roadway. Per patterns between summer feeding grounds in temprate existing roadway. Per IPaC report, no Megaptera regions to tropical waters during the winter breeding IPaC report, no Harris Mammals Humpback Whale N suitable habitat is E No effect E No impact N novaeangliae season. Humpback whales are a baleen species known suitable habitat is present. Per NDD, for their exceptionally long flippers. There is only one present. Per NDD, the are is Urban High documented occurrence of the species from the Texas the are is Urban High Density and Urban coast in the early 1990's. Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The The killer whale is known to occur in every ocean, but they project is an project is an are most commonly found in colder temperate waters. alteration to an alteration to an The species is the most widely distributed of all whales existing roadway. Per existing roadway. Per and dolphins. It is often found in the southern part of the IPaC report, no IPaC report, no Harris Mammals Killer Whale Orcinus orca Gulf of Mexico; however, one individual was sighted in N suitable habitat is E No effect T No impact N suitable habitat is waters off Port Aransas, Texas in the northern Gulf of present. Per NDD, present. Per NDD, Mexico and another stranded individual was documented the are is Urban High the are is Urban High on South Padre Island in Texas. The killer whale is a top Density and Urban Density and Urban predator in the marine environment. Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an Historically, Louisiana black bear occurred in east Texas alteration to an alteration to an throughout the Western Gulf Coastal Plains ecoregion and existing roadway. Per existing roadway. Per as far west as the San Antonio River drainage basin. IPaC report, no Louisiana Black Ursus americanus IPaC report, no Harris Mammals Habitat includes bottomland hardwood forest, brackish N suitable habitat is —N/ATNo impact N Bear luteolus suitable habitat is and freshwater marshes, salt domes, wooded spoil levees present. Per NDD, present. Per NDD, along canals, bayous, and agricultural fields. It generally the are is Urban High the are is Urban High requires areas with large tracts of inaccessible forest. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 14 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly The species has worldwide distribution with known urbanized. The urbanized. The occurrences of single individuals and pods in the Gulf of project is an project is an Mexico, including near the Texas coast; however, reports alteration to an alteration to an of this species are rare. They are typically observed in existing roadway. Per existing roadway. Per pods in deeper water depths (greater than 500 feet IPaC report, no North Atlantic IPaC report, no Harris Mammals Eubalaena glacialis deep); however, individuals of this species are known to N suitable habitat is E No effect E No impact N Right Whale suitable habitat is hunt for prey close to shore and on occasion, beach present. Per NDD, present. Per NDD, themselves. Some pods will often reside in the same the are is Urban High the are is Urban High region for many years with little movement of immigration Density and Urban Density and Urban or emigration. They feed on other whales, sharks, turtles, Low Density and Low Density and seals, and sea birds. there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an This species occurs in the bottomland pine and hardwood alteration to an alteration to an forests of east Texas. The species is known to roost in existing roadway. Per existing roadway. Per hollow trunks of bottomland hardwoods such as black IPaC report, no Rafinesque's Big- Corynorhinus IPaC report, no Harris Mammals gum (Nyssa sylvatica ), southern magnolia (Magnolia N suitable habitat is —N/ATNo impact N eared Bat rafinesquii suitable habitat is grandiflora ), and water tupelo (Nyssa aquatica ). It also present. Per NDD, present. Per NDD, roosts in caves and man-made structures such as the are is Urban High the are is Urban High bridges, culverts, and abandoned buildings. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an The sei whale is a baleen species that inhabits alteration to an alteration to an subtropical, temperate, and subpolar waters worldwide. It existing roadway. Per existing roadway. Per prefers deeper waters offshore where it feeds on IPaC report, no Balaenoptera IPaC report, no Harris Mammals Sei Whale , small schooling fish, and cephalopods. This N suitable habitat is E No effect E No impact N borealis suitable habitat is species has annual migrations from subtropical, present. Per NDD, present. Per NDD, temperate waters during the winter (breeding) to the are is Urban High the are is Urban High subpolar, cool waters in the summer. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 15 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The The sperm whale is a toothed whale that ranges from project is an project is an Alaska south along the Pacific coast to the Pacific Islands, alteration to an alteration to an along the Atlantic coast from New England to Florida, and existing roadway. Per existing roadway. Per throughout the Gulf of Mexico. This species is regularly IPaC report, no Physeter IPaC report, no Harris Mammals Sperm Whale seen in the Gulf of Mexico with more than 25 individuals N suitable habitat is E No effect E No impact N macrocephalus suitable habitat is observed, and two individuals were tracked swimming present. Per NDD, present. Per NDD, along the Texas coastline off South Padre Island and Port the are is Urban High the are is Urban High Aransas, Texas. This species feeds on cuttlefish, squids, Density and Urban Density and Urban octopus, and other marine . Low Density and Low Density and there are no element there are no element occurences. occurences. The West Indian Manatee is found throughout the Gulf of No habitat will be Mexico, Carribean Sea, and Western Atlantic Ocean. The Area is highly altered. Area is highly species utilizes marine, brackish, and freshwater systems urbanized. The urbanized. The in subtropical and tropical coastal areas throughout its project is an project is an range. Preferred habitat is near shore features with sea alteration to an alteration to an grass and eel grass beds and access to deep water existing roadway. Per existing roadway. Per channels. In the U.S. the species is rarely documented off IPaC report, no West Indian Trichechus IPaC report, no Harris Mammals the Louisiana and Texas Gulf Coast during warm water N suitable habitat is T No effect T No impact N Manatee manatus suitable habitat is months; however, the winter range, due to low tolerances present. Per NDD, present. Per NDD, for cold water, is restricted to the southern Florida the are is Urban High the are is Urban High peninsula. Manatees are often attracted to accessible Density and Urban Density and Urban areas where industrial plants discharge large volumes of Low Density and Low Density and heated wastewater. During the summer, their range there are no element there are no element expands along the Atlantic Coast and Gulf Coast, traveling occurences. occurences. by shoreline and along channels. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an Freshwater mussel currently found in the Sabine, Neches, alteration to an alteration to an and Trinity River basins in Texas. The species occurs in existing roadway. Per existing roadway. Per streams to medium-sized rivers with moderate flow. In IPaC report, no Pleurobema IPaC report, no Harris Mollusks Louisiana Pigtoe Texas, the species has only been documented occurring N suitable habitat is —N/ATNo impact N riddellii suitable habitat is in relatively shallow lotic waters with preferable substrate present. Per NDD, present. Per NDD, being sand and sand with gravel and silt. It is not the are is Urban High the are is Urban High generally known to tolerate impoundments. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 16 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an A freshwater mussel that is currently limited to the Upper project is an alteration to an Trinity, Neches, Sabine, and San Jacinto River basins in alteration to an existing roadway. Per Texas. The species occurs in flowing small to large rivers existing roadway. Per IPaC report, no Sandbank with gravel, gravel-sand, and sand substrates. It has been IPaC report, no Harris Mollusks Lampsilis satura N suitable habitat is —N/ATNo impact N Pocketbook observed in littoral areas with snags, gravel, or sand suitable habitat is present. Per NDD, substrate with slow to moderate currents, as well as lotic present. Per NDD, the are is Urban High waters in substrates of sand, silty sand, and sand and the are is Urban High Density and Urban clay mixture. Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an The species is endemic to the Gulf Coastal Plain of Texas. project is an alteration to an The plant occurs on and around naturally barren or alteration to an existing roadway. Per sparsely vegetated saline slick spots or pimple mounds existing roadway. Per IPaC report, no Rayjacksonia on coastal prairies, usually on sandy to sandy loam soils, IPaC report, no Harris Plants Houston Daisy N suitable habitat is — No effect T No impact N aurea occasionally in pastures and on roadsides in similar soil suitable habitat is present. Per NDD, types where mowing may mimic natural prairie present. Per NDD, the are is Urban High disturbance regimes. This plant is an annual; flowering the are is Urban High Density and Urban late September-November (-December). Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an This aquatic clonal plant species occurs only in Florida alteration to an alteration to an and is found in bays, estuaries, lagoons, and other existing roadway. Per existing roadway. Per relatively shallow and calm waters. It grows in patches IPaC report, no Johnson's IPaC report, no Harris Plants Halophila johnsonii with shallow root systems and is vulnerable to being N suitable habitat is T No effect — N/A N Seagrass suitable habitat is uprooted by waves, storm events, bioturbation, or present. Per NDD, present. Per NDD, motorized vessels. This species is also vulnerable to the are is Urban High the are is Urban High burial by silt and sand movements. Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 17 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an alteration to an alteration to an This annual herb is endemic to the upper Texas Gulf existing roadway. Per existing roadway. Per Coastal Plain. It occurs in grasslands within sparsely IPaC report, no Texas Prairie IPaC report, no Harris Plants Hymenoxys texana vegetated areas (slick spots) at the base of pimple N suitable habitat is E No effect E No impact N Dawn-flower suitable habitat is mounds in association with poorly drained saline soils present. Per NDD, present. Per NDD, that are sticky when wet and powdery when dry. the are is Urban High the are is Urban High Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Per the NDD, one While the Bayou turtle was identified could potentially somewhere in White provide habitat, no Oak Bayou in 1974 project work will only (no specific location be done on existing provided). A small infrastructure over section of the the Bayou and no alignment on work will take place Shepherd Drive within the Bayou, the (approximately 68 only wetland/riverine Occurs in East Texas where it inhabits perennial water feet) is classified as habitat in the project bodies such as the deep water of rivers, canals, lakes, Coastal Prairie; this is area. The turtle was Alligator Snapping Macrochelys and oxbows, along with swamps, bayous, and ponds near the only part of the Harris Reptiles Y —N/ATNo impactidentified prior to N Turtle temminckii deep running water. Preferred habitat is usually in water project alignment not 1980 (1974); the with a mud bottom and abundant aquatic vegetation, but in an area classified project is not a new the species may use sand-bottomed creeks. as Urban High or Low roadway; and the Density. While the project will not Bayou could acquire new ROW or potentially provide work within ROW in habitat, no project water or permanently work will only be impacting a water done on existing feature. Therefore, infrastructure over under the BMP MOU, the Bayou and no no coordination with work will take place TPWD is required. within the Bayou.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 18 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

The green sea turtle inhabits tropical and subtropical seas throughout the world including the Gulf of Mexico. The species is commonly observed swimming and foraging in and along ship ports, jetties, bays, estuaries, No habitat will be Area is highly lagoons, and marinas.This highly migratory marine altered. Area is highly urbanized. The species feeds in shallow waters with abundant sea urbanized. The project is an grasses and algae, and builds nests on coastal beaches project is an alteration to an and sand dunes, including Padre Island in Texas, where alteration to an existing roadway. Per waters are greater than 77 degrees Fahrenheit. While existing roadway. Per IPaC report, no adult female nesting season is generally from April to IPaC report, no Harris Reptiles Green Sea Turtle Chelonia mydas N suitable habitat is E No effect T No impact N September, the adult males rarely, if ever, come ashore suitable habitat is present. Per NDD, once leaving the sand of their natal beach. The females present. Per NDD, the are is Urban High will return to the same nesting beach and within close the are is Urban High Density and Urban proximity of their previous nesting spot. Green sea turtles Density and Urban Low Density and are abundant along the Texas coast during warm months Low Density and there are no element and are known to be cold-stunned if exposed to prolonged there are no element occurences. cold-water (<50 degrees Fahrenheit). Juveniles are found occurences. year-round in nearshore and inshore waters of the gulf until reaching adulthood and sexual maturity, then migrate to new feeding grounds. No habitat will be This omnivorous sea turtle species is found worldwide Area is highly altered. Area is highly occurring predominately offshore of mainland and island urbanized. The urbanized. The shelves, where coral reef formations are present. Nesting project is an project is an range for the continental United States only includes alteration to an alteration to an Florida. Nesting season is from April to November along existing roadway. Per existing roadway. Per sandy beaches and dunes where nesting females return IPaC report, no Hawksbill Sea Eretmochelys IPaC report, no Harris Reptiles to their natal site and eggs hatch approximately two N suitable habitat is E No effect E No impact N Turtle imbricata suitable habitat is months after nesting occurs. Small juveniles and adults present. Per NDD, present. Per NDD, forage in neritic waters comprised of coral reefs, sea the are is Urban High the are is Urban High grass, algal beds, mangrove bays or creeks, or mudflats Density and Urban Density and Urban where they feed on sea sponges, sea urchins, Low Density and Low Density and crustaceans, mollusks, marine algae, small fish, and jelly there are no element there are no element fish. occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 19 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

This species occurs in the western Atlantic Ocean, Gulf of Mexico, and Carribean Sea. The females come ashore to lay eggs during daylight in synchronized fashion in very No habitat will be large groups. Nesting season is from May to July along Area is highly altered. Area is highly sandy beaches and dunes where nesting females return urbanized. The urbanized. The to their natal site and eggs hatch approximately two project is an project is an months after nesting occurs. A successful nesting alteration to an alteration to an population occurs on Padre Island National Seashore, existing roadway. Per existing roadway. Per and nesting is documented from Mustang Island, Texas to IPaC report, no Kemp's Ridley Lepidochelys IPaC report, no Harris Reptiles Vera Cruz, Mexico. Post-hatchling and juvenile habitat N suitable habitat is E No effect E No impact N Sea Turtle kempii suitable habitat is includes mats of sargassum algae where individuals rest, present. Per NDD, present. Per NDD, hide, and forage on invertebrates and small fish within the are is Urban High the are is Urban High the floating algal masses. Older juveniles (approximately Density and Urban Density and Urban more than 2 years old) return to nearshore areas of the Low Density and Low Density and northwestern Atlantic Ocean or the Gulf of Mexico to there are no element there are no element mature to adulthood. Adult males do not return to shore occurences. occurences. and most migrate annually between breeding and feeding grounds, while some stay near nesting beaches or breeding grounds. Leatherback sea turtles occur occur in the Pacific, Atlantic, and Indian Oceans from British Columbia and the British Isles to southern Africa, Argentina, and Australia. No habitat will be Area is highly They prefer the open ocean and are rare visitors to the altered. Area is highly urbanized. The Gulf od Mexico. They are the largest species of sea turtles urbanized. The project is an in the world and highly migratory.The first leatherback sea project is an alteration to an turtle nest in Texas since the 1930's was confirmed in alteration to an existing roadway. Per 2008 at the Padre Island National Seashore near Corpus existing roadway. Per IPaC report, no Leatherback Sea Dermochelys Christi, Texas. Florida and North Carolina also have IPaC report, no Harris Reptiles N suitable habitat is E No effect E No impact N Turtle coriacea evidence of nests within the continental United States. suitable habitat is present. Per NDD, Females are known to nest at various beaches, typically present. Per NDD, the are is Urban High at night, with a rare documented occurrence of nesting the are is Urban High Density and Urban during the day in Florida. Eggs hatch approximately two Density and Urban Low Density and months after nesting. Post-hatchling and juvenile habitat Low Density and there are no element includes mats of sargassum algae where individuals rest, there are no element occurences. hide, and forage on soft invertebrates within the floating occurences. algal masses. Adults typically feed primarily on jelly fish and other invertebrates.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 20 of 21 SPECIES ANALYSIS SUMMARY Project Name: Shepherd Durham Reconstruction CSJ(s): 0912‐72‐607

Explanation for Effect/Take Explanation for Presence/ Suitable Impact determination Federal Determination for State Effect/Take and/or Absence County Taxon Common Name Scientific Name Habitat Habitat Determination for regarding suitable Status Federally Listed Status Impact survey Present? State-Listed Species habitat Species Determination conducted?

The loggerhead sea turtle is the most abundant of all sea No habitat will be turtle species and is found worldwide, primarily in Area is highly altered. Area is highly temperate and subtropical ocean waters. In the U.S. they urbanized. The urbanized. The inhabit the Atlantic and Gulf coasts from North Carolina to project is an project is an Alabama; however, small populations of this species can alteration to an alteration to an be found on the Texas barrier islands. Nesting occurs on existing roadway. Per existing roadway. Per sandy beaches and dunes from April to September where IPaC report, no Loggerhead Sea IPaC report, no Harris Reptiles Caretta caretta nesting females return to their natal sites. Juveniles are N suitable habitat is T No effect T No impact N Turtle suitable habitat is primarily found in nearshore waters along the coast in present. Per NDD, present. Per NDD, bays, estuaries, brackish waters of coastal lagoons and the are is Urban High the are is Urban High river mouths where water temperature is above 50 Density and Urban Density and Urban degrees Fahrenheit. Both juveniles and adults forage Low Density and Low Density and mainly on invertebrates such as mollusks, whelks, clams, there are no element there are no element sea urchins, jellyfish, and horseshoe crabs, and occurences. occurences. occasionally fish and plant material. No habitat will be Area is highly altered. Area is highly urbanized. The urbanized. The project is an project is an alteration to an alteration to an The species is found in semi-arid open areas with existing roadway. Per existing roadway. Per scattered vegetation comprised of bunchgrass, cacti, IPaC report, no Texas Horned Phrynosoma IPaC report, no Harris Reptiles yucca, mesquite, acacia, juniper, or other woody shrubs N suitable habitat is —N/ATNo impact N Lizard cornutum suitable habitat is and small trees commonly found in loose sandy or loamy present. Per NDD, present. Per NDD, soils. the are is Urban High the are is Urban High Density and Urban Density and Urban Low Density and Low Density and there are no element there are no element occurences. occurences.

Prepared Date: 8/27/2020 Prepared by: Stephanie Kirschner TxDOT ENV Spreadsheet Template date: August 10, 2020. Page 21 of 21

Attachment 2 – Harris County Endangered Species Report Texas Parks & Wildlife Dept. Page 1 of 15 Annotated County Lists of Rare Species

Last Update: 8/25/2020 HARRIS COUNTY

AMPHIBIANS cajun chorus Pseudacris fouquettei Aquatic and terrestrial: Habitats of this ground-dwelling frog are diverse and include forests, fields, swamps, marshes, irrigation ditches, and temporarily flooded areas (Bartlett and Bartlett 1999, Lemmon et al. 2008). Eggs are laid in small clusters that adhere to submerged vegetationin shallow temporary pools, ditches, and flooded areas where emergent vegetation or a grassy margin is present (Dundee and Rossman 1989). Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: SU

Houston toad Anaxyrus houstonensis Terrestrial and aquatic: Primary terrestrial habitat is forests with deep sandy soils. Juveniles and adults are presumed to move through areas of less suitable soils using riparian corridors. Aquatic habitats can include any water body from a tire rut to a large lake. Federal Status: LE State Status: E SGCN: Y Endemic: Y Global Rank: G1 State Rank: S1 southern crawfish frog Lithobates areolatus areolatus Terrestrial and aquatic: The terrestial habitat is primarily grassland and can vary from pasture to intact prairie; it can also include small prairies in the middle of large forested areas. Aquatic habitat is any body of water but preferred habitat is ephemeral wetlands. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4T4 State Rank: S3 southern dusky salamander Desmognathus conanti Aquatic and terrestrial: The vegetated riparian and aquatic zones of spring-fed, sandy bottom streams and baygalls in forested areas. Eggs are laid on land under rocks and logs close to the stream edge. Federal Status: State Status: SGCN: N Endemic: Global Rank: G5 State Rank: S1

Strecker's Pseudacris streckeri Terrestrial and aquatic: Wooded floodplains and flats, prairies, cultivated fields and marshes. Likes sandy substrates. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3

Woodhouse's toad Anaxyrus woodhousii Terrestrial and aquatic: A wide variety of terrestrial habitats are used by this species, including forests, grasslands, and barrier island sand dunes. Aquatic habitats are equally varied. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: SU

BIRDS bald eagle Haliaeetus leucocephalus

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 2 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

BIRDS Found primarily near rivers and large lakes; nests in tall trees or on cliffs near water; communally roosts, especially in winter; hunts live prey, scavenges, and pirates food from other birds Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3B,S3N

Black Rail Laterallus jamaicensis Salt, brackish, and freshwater marshes, pond borders, wet meadows, and grassy swamps; nests in or along edge of marsh, sometimes on damp ground, but usually on mat of previous years dead grasses; nest usually hidden in marsh grass or at base of Salicornia Federal Status: PT State Status: T SGCN: Y Endemic: N Global Rank: G3G4 State Rank: S2

Franklin's gull Leucophaeus pipixcan This species is only a spring and fall migrant throughout Texas. It does not breed in or near Texas. Winter records are unusual consisting of one or a few individuals at a given site (especially along the Gulf coastline). During migration, these gulls fly during daylight hours but often come down to wetlands, lake shore, or islands to roost for the night. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S2N mountain plover Charadrius montanus Breeding: nests on high plains or shortgrass prairie, on ground in shallow depression; nonbreeding: shortgrass plains and bare, dirt (plowed) fields; primarily insectivorous Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3 State Rank: S2 piping plover Charadrius melodus Beaches, sandflats, and dunes along Gulf Coast beaches and adjacent offshore islands. Also spoil islands in the Intracoastal Waterway. Based on the November 30, 1992 Section 6 Job No. 9.1, Piping Plover and Snowy Plover Winter Habitat Status Survey, algal flats appear to be the highest quality habitat. Some of the most important aspects of algal flats are their relative inaccessibility and their continuous availability throughout all tidal conditions. Sand flats often appear to be preferred over algal flats when both are available, but large portions of sand flats along the Texas coast are available only during low-very low tides and are often completely unavailable during extreme high tides or strong north winds. Beaches appear to serve as a secondary habitat to the flats associated with the primary bays, lagoons, and inter-island passes. Beaches are rarely used on the southern Texas coast, where bayside habitat is always available, and are abandoned as bayside habitats become available on the central and northern coast. However, beaches are probably a vital habitat along the central and northern coast (i.e. north of Padre Island) during periods of extreme high tides that cover the flats. Optimal site characteristics appear to be large in area, sparsely vegetated, continuously available or in close proximity to secondary habitat, and with limited human disturbance. Federal Status: LT State Status: T SGCN: Y Endemic: N Global Rank: G3 State Rank: S2N red-cockaded woodpecker Picoides borealis Cavity nests in older pine (60+ years); forages in younger pine (30+ years); prefers longleaf, shortleaf, and loblolly Federal Status: LE State Status: E SGCN: Y Endemic: N Global Rank: G3 State Rank: S2B

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 3 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

BIRDS reddish egret Egretta rufescens Resident of the Texas Gulf Coast; brackish marshes and shallow salt ponds and tidal flats; nests on ground or in trees or bushes, on dry coastal islands in brushy thickets of yucca and prickly pear Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G4 State Rank: S2B

Rufa Red Knot Calidris canutus rufa Red knots migrate long distances in flocks northward through the contiguous United States mainly April-June, southward July-October. A small plump-bodied, short-necked shorebird that in breeding plumage, typically held from May through August, is a distinctive and unique pottery orange color. Its bill is dark, straight and, relative to other shorebirds, short-to-medium in length. After molting in late summer, this species is in a drab gray-and-white non-breeding plumage, typically held from September through April. In the non-breeding plumage, the knot might be confused with the omnipresent . During this plumage, look for the knot’s prominent pale eyebrow and whitish flanks with dark barring. The Red Knot prefers the shoreline of coast and bays and also uses mudflats during rare inland encounters. Primary prey items include coquina clam (Donax spp.) on beaches and dwarf surf clam ( lateralis) in bays, at least in the Laguna Madre. Wintering Range includes- Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kennedy, Kleberg, Matagorda, Nueces, San Patricio, and Willacy. Habitat: Primarily seacoasts on tidal flats and beaches, herbaceous wetland, and Tidal flat/shore. Federal Status: LT State Status: T SGCN: Y Endemic: N Global Rank: G4T2 State Rank: S2N swallow-tailed kite Elanoides forficatus Lowland forested regions, especially swampy areas, ranging into open woodland; marshes, along rivers, lakes, and ponds; nests high in tall tree in clearing or on forest woodland edge, usually in pine, cypress, or various deciduous trees Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G5 State Rank: S2B western burrowing owl Athene cunicularia hypugaea Open grasslands, especially prairie, plains, and savanna, sometimes in open areas such as vacant lots near human habitation or airports; nests and roosts in abandoned burrows Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4T4 State Rank: S2 white-faced ibis Plegadis chihi Prefers freshwater marshes, sloughs, and irrigated rice fields, but will attend brackish and saltwater habitats; currently confined to near-coastal rookeries in so-called hog-wallow prairies. Nests in marshes, in low trees, on the ground in bulrushes or reeds, or on floating mats. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G5 State Rank: S4B white-tailed hawk Buteo albicaudatus Near coast on prairies, cordgrass flats, and scrub-live oak; further inland on prairies, mesquite and oak savannas, and mixed savanna-chaparral; breeding March-May Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G4G5 State Rank: S4B

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 4 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

BIRDS whooping crane Grus americana Small ponds, marshes, and flooded grain fields for both roosting and foraging. Potential migrant via plains throughout most of state to coast; winters in coastal marshes of Aransas, Calhoun, and Refugio counties. Federal Status: LE State Status: E SGCN: Y Endemic: N Global Rank: G1 State Rank: S1N wood stork Mycteria americana Prefers to nest in large tracts of baldcypress (Taxodium distichum) or red mangrove (Rhizophora mangle); forages in prairie ponds, flooded pastures or fields, ditches, and other shallow standing water, including salt-water; usually roosts communally in tall snags, sometimes in association with other wading birds (i.e. active heronries); breeds in Mexico and birds move into Gulf States in search of mud flats and other wetlands, even those associated with forested areas; formerly nested in Texas, but no breeding records since 1960 Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G4 State Rank: SHB,S2N

CRUSTACEANS Houston burrowing crayfish Fallicambarus houstonensis All species in the genus <i>Fallicambarus </i>are primary burrowers (Guiasu, 2007). It is clearly a primary burrower with 100% of adult and subadult specimens known from excavated burrows. Large numbers of juveniles were collected from Temporary pools (October through February) (Johnson, 2008). Federal Status: State Status: SGCN: Y Endemic: Global Rank: G2 State Rank: S3

FISH alligator gar Atractosteus spatula From the Red River to the Rio Grande (Hubbs et al. 2008); occurs in the Trinity River upstream of Lake Livingston. Found in rivers, streams, lakes, swamps, bayous, bays and estuaries typically in pools and backwater habitats. Floodplains inundated with flood waters provide spawning and nursery habitats. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3G4 State Rank: S4

Oceanic Whitetip Shark Carcharhinus longimanus Habitat description is not available at this time. Federal Status: LT State Status: T SGCN: Y Endemic: N Global Rank: GNR State Rank: S2

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 5 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

FISH Sabine shiner Notropis sabinae Inhabits small streams and large rivers of eastern Texas from San Jacinto drainage northward along the Gulf Coast to the Sabine River Basin; Habitat generalist with affinities for shallow, moving water and rarely found in pools and backwater areas;
closely restricted to substrate of fine, silt free sand in small creeks and rivers having slight to moderate current. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S3 saltmarsh topminnow Fundulus jenkinsi Occupies estuaries and the edges of saltmarsh habitats along the Gulf coast in salinities of 4-20 ppt in Spartina dominated tidal creeks and wetlands (Peterson & Ross 1991; Peterson & Turner 1994; Lopez et al. 2010; and Griffith 1974). Requires access to small interconnected tidal creeks for feeding and reproduction. Spawning occurs from March to August during high tide events (Robertson Thesis, 2016). Non-migratory. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3 State Rank: S1

Shortfin Mako Shark Isurus oxyrinchus Habitat description is not available at this time. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: GNR State Rank: S2 silverband shiner Notropis shumardi In Texas, found from Red River to Lavaca River; Main channel with moderate to swift current velocities and moderate to deep depths; associated with turbid water over silt, sand, and gravel. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S4 southern flounder Paralichthys lethostigma This is an estuarine-dependent species that inhabits riverine, estuarine and coastal waters, and prefers muddy, sandy, or silty substrates (Reagan and Wingo 1985). Individuals can tolerate wide temperature (~5-35°C) and salinity ranges (0-60 ppt). Southern Flounder spawn in offshore waters of the Gulf of Mexico from October to February (Reagan and Wingo 1985). The oceanic larval stage is pelagic and lasts 30–60 days. Metamorphosing individuals enter estuaries and migrate towards low-salinity headwaters, where settlement occurs (Burke et al. 1991, Walsh et al. 1999). The young fish enter the bays during late winter and early spring, occupying seagrass; some may move further into coastal rivers and bayous. Juveniles remain in estuaries until the onset of sexual maturation (approximately two years), at which time they migrate out of estuaries to join adults on the inner continental shelf. Adult southern flounder leave the bays during the fall for spawning in the Gulf of Mexico. They spawn for the first time when two years old at depths of 50 to 100 feet. Although most of the adults leave the bays and enter the Gulf for spawning during the winter, some remain behind and spend winter in the bays. Those in the Gulf will reenter the bays in the spring. The spring influx is gradual and does not occur with large concentrations that characterize the fall emigration. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 6 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

FISH western creek chubsucker Erimyzon claviformis Eastern Texas streams from the Red River to the San Jacinto drainage. Habitat includes silt-, sand-, and gravel-bottomed pools of clear headwaters, creeks, and small rivers; often near vegetation; occasionally in lakes. Spawning occurs in river mouths or pools, riffles, lake outlets, or upstream creeks. Prefers headwaters, but seldom occurs in springs. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G5 State Rank: S2S3

INSECTS American bumblebee Bombus pensylvanicus Habitat description is not available at this time. Federal Status: State Status: SGCN: Y Endemic: Global Rank: G3G4 State Rank: SNR bay skipper Euphyes bayensis Apparently tidal sawgrass marsh only, probably covers same range of salinity as saw grass, nectarivore (butterfly), herbivore (caterpillar), larval foodplant is so far unconfirmed but is probably sawgrass, diurnal; two well separated broods apparently peaking in late May and in September which suggests the larvae may well aestivate in summer and the next brood hibernate Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2G3 State Rank: S1

MAMMALS American badger Taxidea taxus Generalist. Prefers areas with soft soils that sustain ground squirrels for food. When inactive, occupies underground burrow. Young are born in underground burrows. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5 big brown bat Eptesicus fuscus Any wooded areas or woodlands except south Texas. Riparian areas in west Texas. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5 big free-tailed bat Nyctinomops macrotis Habitat data sparse but records indicate that species prefers to roost in crevices and cracks in high canyon walls, but will use buildings, as well; reproduction data sparse, gives birth to single offspring late June-early July; females gather in nursery colonies; winter habits undetermined, but may hibernate in the Trans-Pecos; opportunistic insectivore Federal Status: State Status: SGCN: Y Endemic: Global Rank: G5 State Rank: S3

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 7 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

MAMMALS blue whale Balaenoptera musculus Inhabits tropical, subtropical, temperate, and subpolar waters worldwide, but are infrequently sighted in the Gulf of Mexico. They migrate seasonally between summer feeding grounds and winter breeeding grounds, but specifics vary. Commonly observed at the surface in open ocean. Federal Status: LE State Status: E SGCN: N Endemic: N Global Rank: G3G4 State Rank: SH eastern red bat Lasiurus borealis Found in a variety of habitats in Texas. Usually associated with wooded areas. Found in towns especially during migration. Federal Status: State Status: SGCN: N Endemic: N Global Rank: G3G4 State Rank: S4 eastern spotted skunk Spilogale putorius Generalist; open fields prairies, croplands, fence rows, farmyards, forest edges & woodlands. Prefer wooded, brushy areas & tallgrass prairies. S.p. ssp. interrupta found in wooded areas and tallgrass prairies, preferring rocky canyons and outcrops when such sites are available. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S1S3

Gulf of Mexico Bryde's Whale Balaenoptera edeni Habitat description is not available at this time. Federal Status: LE State Status: E SGCN: N Endemic: N Global Rank: G4 State Rank: SNR hoary bat Lasiurus cinereus Known from montane and riparian woodland in Trans-Pecos, forests and woods in east and central Texas. Federal Status: State Status: SGCN: N Endemic: N Global Rank: G3G4 State Rank: S4 humpback whale Megaptera novaeangliae Inhabits tropical, subtropical, temperate, and subpolar waters world wide. Migrate up to 5,000 miles between colder water (feeding grounds) and warmer water (calving grounds) each year. They will use both open ocean and coastal waters, sometimes including inshore areas such as bays, and are often found near the surface; however, this species is rare in the Gulf of Mexico. The northwest Atlantic/Gulf of Mexico distinct population segment is not considered at risk of extinction and is not listed as Endangered on the Endangered Species Act. Federal Status: LE State Status: SGCN: N Endemic: N Global Rank: G4 State Rank: SNR long-tailed weasel Mustela frenata Includes brushlands, fence rows, upland woods and bottomland hardwoods, forest edges & rocky desert scrub. Usually live close to water. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 8 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

MAMMALS Louisiana black bear Ursus americanus luteolus Bottomland hardwoods, floodplain forests, upland hardwoods with mixed pine; marsh. Possible as transient; bottomland hardwoods and large tracts of inaccessible forested areas. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G5T2 State Rank: SNA

Mexican free-tailed bat Tadarida brasiliensis Roosts in buildings in east Texas. Largest maternity roosts are in limestone caves on the Edwards Plateau. Found in all habitats, forest to desert. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5 mink Neovison vison Intimately associated with water; coastal swamps & marshes, wooded riparian zones, edges of lakes. Prefer floodplains. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S4 mountain lion Puma concolor Generalist; found in a wide range of habitats statewide. Found most frequently in rugged mountains & riparian zones. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S2S3

North Atlantic right whale Eubalaena glacialis Inhabits subtropical and temperate waters in the northern Atlantic. Commonly found in coastal waters or clsoe to the continental shelf near the surface. They migrate from feeding grounds in cooler waters (Canada and New England) to warmer waters of the southeast US (South Carolina, Georgia, and Florida) to give birth in the fall/winter - both areas are identified as critical habitat by NOAA-NMFS. Nursery areas are in shallow, coastal waters. This species is very rare in the Gulf of Mexico and the few reported sightings are likely vagrants (Ward-Geiger etal 2011). Federal Status: LE State Status: E SGCN: N Endemic: N Global Rank: G1 State Rank: S1 plains spotted skunk Spilogale putorius interrupta Generalist; open fields, prairies, croplands, fence rows, farmyards, forest edges, and woodlands; prefers wooded, brushy areas and tallgrass prairie Federal Status: State Status: SGCN: N Endemic: N Global Rank: G4T4 State Rank: S1S3

Rafinesque's big-eared bat Corynorhinus rafinesquii Historically, lowland pine and hardwood forests with large hollow trees. roosts in cavity trees of bottomland hardwoods, concrete culverts, and abandoned man-made structures Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G3G4 State Rank: S2

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 9 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

MAMMALS Sei Whale Balaenoptera borealis Habitat description is not available at this time. Federal Status: LE State Status: E SGCN: N Endemic: N Global Rank: G3 State Rank: SNR southeastern myotis bat Myotis austroriparius Caves are rare in Texas portion of range; buildings, hollow trees are probably important. Historically, lowland pine and hardwood forests with large hollow trees; associated with ecological communities near water. Roosts in cavity trees of bottomland hardwoods, concrete culverts, and abandoned man-made structures. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S3 southern short-tailed shrew Blarina carolinensis Found in East Texas pine forests and agricultural land. May favor areas with abundant leaf litter and fallen logs (Baumgardner et al. 1992). Nest sites are probably under logs, stumps and other debris. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S4 sperm whale Physeter macrocephalus Inhabits tropical, subtropical, and temperate waters world wide, avoiding icey waters. Distribution is highly dependent on their food source (squids, sharks, skates, and fish), breeding, and composition of the pod. In general, this species migrates from north to south in the winter and south to north in the summer; however, individuals in tropical and temperate waters don't seem to migrate at all. Routinely dive to catch their prey (2,000-10,000 feet) and generally occupies water at least 3,300 feet deep near ocean trenches. Federal Status: LE State Status: E SGCN: N Endemic: N Global Rank: G3G4 State Rank: S1 swamp rabbit Sylvilagus aquaticus Primarily found in lowland areas near water including: cypress bogs and marshes, floodplains, creeks and rivers. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5 thirteen-lined ground squirrel Ictidomys tridecemlineatus Prefers short grass prairies with deep soils for burrowing. Frequently found in grazed ranchland, mowed pastures, and golf courses. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S5 tricolored bat Perimyotis subflavus Forest, woodland and riparian areas are important. Caves are very important to this species. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2G3 State Rank: S3S4

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 10 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

MAMMALS western hog-nosed skunk Conepatus leuconotus Habitats include woodlands, grasslands & deserts, to 7200 feet, most common in rugged, rocky canyon country; little is known about the habitat of the ssp. telmalestes Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S4

MOLLUSKS Louisiana Pigtoe Pleurobema riddellii Occurs in small streams to large rivers in slow to moderate currents in substrates of clay, mud, sand, and gravel. Not known from impoundments (Howells 2010f; Randklev et al. 2013b; Troia et al. 2015). [Mussels of Texas 2019] Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G1G2 State Rank: S1

Sandbank Pocketbook Lampsilis satura Occurs in small streams to large rivers in slow to moderate current in sandy mud to sand and gravel substrate. Can occur in a variety of habitats but most common in littoral habitats such as banks or backwaters or in protected areas along point bars (Randklev et al. 2013b; Randklev et al. 2014a; Troia et al. 2015). [Mussels of Texas 2019] Federal Status: State Status: T SGCN: Y Endemic: Global Rank: G2? State Rank: S1

REPTILES alligator snapping turtle Macrochelys temminckii Aquatic: Perennial water bodies; rivers, canals, lakes, and oxbows; also swamps, bayous, and ponds near running water; sometimes enters brackish coastal waters. Females emerge to lay eggs close to the waters edge. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G2G3 State Rank: S2 common garter snake Thamnophis sirtalis Terrestrial and aquatic: Habitats used include the grasslands and modified open areas in the vicinity of aquatic features, such as ponds, streams or marshes. Damp soils and debris for cover are thought to be critical. Federal Status: State Status: SGCN: N Endemic: Global Rank: G5 State Rank: S2 eastern box turtle Terrapene carolina Terrestrial: Eastern box turtles inhabit forests, fields, forest-brush, and forest-field ecotones. In some areas they move seasonally from fields in spring to forest in summer. They commonly enters pools of shallow water in summer. For shelter, they burrow into loose soil, debris, mud, old stump holes, or under leaf litter. They can successfully hibernate in sites that may experience subfreezing temperatures. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 11 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

REPTILES loggerhead sea turtle Caretta caretta Inhabits tropical, subtropical, and temperate waters worldwide, including the Gulf of Mexico. They migrate from feeding grounds to nesting beaches/barrier islands and some nesting does occur in Texas (April to September). Beaches that are narrow, steeply sloped, with coarse-grain sand are preffered for nesting. Newly hatched individuals depend on floating alage/seaweed for protection and foraging, which eventually transport them offshore and into open ocean. Juveniles and young adults spend their lives in open ocean, offshore before migrating to coastal areas to breed and nest. Foraging areas for adults include shallow continental shelf waters. Federal Status: LT State Status: T SGCN: Y Endemic: Global Rank: G3 State Rank: S4 slender glass lizard Ophisaurus attenuatus Terrestrial: Habitats include open grassland, prairie, woodland edge, open woodland, oak savannas, longleaf pine flatwoods, scrubby areas, fallow fields, and areas near streams and ponds, often in habitats with sandy soil. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3 smooth softshell Apalone mutica Aquatic: Large rivers and streams; in some areas also found in lakes and impoundments (Ernst and Barbour 1972). Usually in water with sandy or mud bottom and few aquatic plants. Often basks on sand bars and mudflats at edge of water. Eggs are laid in nests dug in high open sandbars and banks close to water, usually within 90 m of water (Fitch and Plummer 1975). Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3

Texas diamondback terrapin Malaclemys terrapin littoralis Coastal marshes, tidal flats, coves, estuaries, and lagoons behind barrier beaches; brackish and salt water; burrows into mud when inactive. Bay islands are important habitats. Nests on oyster shell beaches. Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G4T3Q State Rank: S2

Texas horned lizard Phrynosoma cornutum Terrestrial: Open habitats with sparse vegetation, including grass, prairie, cactus, scattered brush or scrubby trees; soil may vary in texture from sandy to rocky; burrows into soil, enters rodent burrows, or hides under rock when inactive. Occurs to 6000 feet, but largely limited below the pinyon-juniper zone on mountains in the Big Bend area. Federal Status: State Status: T SGCN: Y Endemic: N Global Rank: G4G5 State Rank: S3 timber (canebrake) rattlesnake Crotalus horridus Terrestrial: Swamps, floodplains, upland pine and deciduous woodland, riparian zones, abandoned farmland. Limestone bluffs, sandy soil or black clay. Prefers dense ground cover, i.e. grapevines, palmetto. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S4 western box turtle Terrapene ornata

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 12 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

REPTILES Terrestrial: Ornate or western box trutles inhabit prairie grassland, pasture, fields, sandhills, and open woodland. They are essentially terrestrial but sometimes enter slow, shallow streams and creek pools. For shelter, they burrow into soil (e.g., under plants such as yucca) (Converse et al. 2002) or enter burrows made by other species. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S3 western hognose snake Heterodon nasicus Terrestrial: Shortgrass or mixed grass prairie, with gravel or sandy soils. Often found associated with draws, floodplains, and more mesic habitats within the arid landscape. Frequently occurs in shrub encroached grasslands. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5 State Rank: S4

PLANTS awnless bluestem Bothriochloa exaristata Coastal prairies on black clay; Perennial; Flowering April-Dec; Fruiting April- Dec Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G4 State Rank: S3 coastal gay-feather Liatris bracteata Coastal prairie grasslands of various types, from salty prairie on low- lying somewhat saline clay loams to upland prairie on nonsaline clayey to sandy loams; flowering in fall Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G2G3 State Rank: S2S3 corkwood Leitneria pilosa ssp. pilosa Wet or saturated silty soils along brackish or freshwater swamps and ponds and other low, poorly drained sites; flowers in early spring, fruiting as early as May Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2G3T2 State Rank: S2

Correll's false dragon-head Physostegia correllii Wet, silty clay loams on streamsides, in creek beds, irrigation channels and roadside drainage ditches; or seepy, mucky, sometimes gravelly soils along riverbanks or small islands in the Rio Grande; or underlain by Austin Chalk limestone along gently flowing spring-fed creek in central Texas; flowering May-September Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2 State Rank: S2

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 13 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

PLANTS giant sharpstem umbrella-sedge Cyperus cephalanthus In Texas on saturated, fine sandy loam soils, along nearly level fringes of deep prairie depressions; also in depressional area within coastal prairie remnant on heavy black clay; in Louisiana, most sites are coastal prairie on poorly drained sites, some on slightly elevated areas surrounded by standing shallow water, and on moderately drained sites; soils include very strongly acid to moderately alkaline silt loams and silty clay loams; flowering/fruiting May-June, August-September, and possibly other times in response to rainfall Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3?Q State Rank: S1 goldenwave tickseed Coreopsis intermedia In deep sandy soils of sandhills in openings in or along margins of post oak woodlands and pine-oak forests of east Texas; Perennial; Flowering/Fruiting May-Aug Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3 State Rank: S3

Houston daisy Rayjacksonia aurea On and around naturally barren or sparsely vegetated saline slick spots or pimple mounds on coastal prairies, usually on sandy to sandy loam soils, occasionally in pastures and on roadsides in similar soil types where mowing may mimic natural prairie disturbance regimes; flowering late September-November (-December) Federal Status: State Status: T SGCN: Y Endemic: Y Global Rank: G1 State Rank: S1

Indianola beakrush Rhynchospora indianolensis Locally abundant in cattle pastures in some areas (at least during wet years), possibly becoming a management problem in such sites; Perennial; Flowering/Fruiting April-Nov Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G3Q State Rank: S3

Oklahoma grass pink Calopogon oklahomensis Mesic, acidic, sandy to loamy prairies, pine savannas, oak woodlands, edges of bogs, and frequently mowed meadows (Goldman, Magrath & Catling 2002). Flowering March-July. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2 State Rank: S1S2 panicled indigobush Amorpha paniculata A stout shrub, 3 m (9 ft) tall that grows in acid seep forests, peat bogs, wet floodplain forests, and seasonal wetlands on the edge of Saline Prairies in East Texas. It is distinguished from other Amorpha species by its fuzzy leaflets with prominent raised veins underneath, and the flower panicles, which are 8 to 16 inches long and slender, held above the foliage. Perennial; Flowering summer Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G2G3 State Rank: S2

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 14 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

PLANTS Shinner's sunflower Helianthus occidentalis ssp. plantagineus Mostly in prairies on the Coastal Plain, with several slightly disjunct populations in the Pineywoods and South Texas Brush Country. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G5T2T3 State Rank: S4

South Texas false cudweed Pseudognaphalium austrotexanum In sandy grasslands on eroded area above saline flats; along edge of sendero through mesquite woodland and shrub mottes on sandy loam; on gravel and silt bars and flats in scour plain of streams (TEX-LL specimens Carr 23682, 29264, 22647, 27206). Oct-Jan, sometimes in spring. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G3 State Rank: S3

Texas ladies'-tresses Spiranthes brevilabris Sandy soils in moist prairies, incl. blackland/Fleming prairies, calcareous prairie pockets surrounded by pines, pine-hardwood forest, open pinelands, wetland pine savannahs/flatwoods, and dry to moist fields, meadows, and roadsides. Delicate, nearly ephemeral orchid, producing winter rosettes, flowers Feb-Apr. Historically endemic to SE coastal plain. Federal Status: State Status: SGCN: Y Endemic: N Global Rank: G1G2 State Rank: S1

Texas meadow-rue Thalictrum texanum Mostly found in woodlands and woodland margins on soils with a surface layer of sandy loam, but it also occurs on prairie pimple mounds; both on uplands and creek terraces, but perhaps most common on claypan savannas; soils are very moist during its active growing season; flowering/fruiting (January-)February-May, withering by midsummer, foliage reappears in late fall(November) and may persist through the winter Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G2Q State Rank: S2

Texas prairie dawn Hymenoxys texana In poorly drained, sparsely vegtated areas (slick spots) at the base of mima mounds in open grassland or almost barren areas on slightly saline soils that are sticky when wet and powdery when dry; flowering late February-early April Federal Status: LE State Status: E SGCN: Y Endemic: Y Global Rank: G2 State Rank: S2

Texas tauschia Tauschia texana Occurs in loamy soils in deciduous forests or woodlands on river and stream terraces; Perennial; Flowering/Fruiting Feb-April Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G3 State Rank: S3

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information. Texas Parks & Wildlife Dept. Page 15 of 15 Annotated County Lists of Rare Species HARRIS COUNTY

PLANTS Texas willkommia Willkommia texana var. texana Mostly in sparsely vegetated shortgrass patches within taller prairies on alkaline or saline soils on the Coastal Plain (Carr 2015). Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G3G4T3 State Rank: S3

Texas windmill grass Chloris texensis Sandy to sandy loam soils in relatively bare areas in coastal prairie grassland remnants, often on roadsides where regular mowing may mimic natural prairie fire regimes; flowering in fall Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G2 State Rank: S2

Tharp's dropseed Sporobolus tharpii Occurs on barrier islands, shores of lagoons and bays protected by the barrier islands, and on shores of a few near-coastal ponds. Plants occur at the bases of dunes, in interdune swales and sandflats, and on upper beaches. The substrate is of Holocene age. Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G3 State Rank: S3 threeflower broomweed Thurovia triflora Near coast in sparse, low vegetation on a veneer of light colored silt or fine sand over saline clay along drier upper margins of ecotone between between salty prairies and tidal flats; further inland associated with vegetated slick spots on prairie mima mounds; flowering September- November Federal Status: State Status: SGCN: Y Endemic: Y Global Rank: G2G3 State Rank: S2S3

DISCLAIMER The information on this web application is provided “as is” without warranty as to the currentness, completeness, or accuracy of any specific data. The data provided are for planning, assessment, and informational purposes. Refer to the Frequently Asked Questions (FAQs) on the application website for further information.

Attachment 3 – Habitat Maps

CommonName EcoClass_I EcoName US_L4NAME US_L3NAME sqft sqmi acres Gulf Coast: Coastal Prairie R150AY526TX BLACKLAND Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 3850.372 0.000138 0.088 Urban High Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 1553.364 5.57E‐05 0.036 Urban High Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 1327770 0.047627 30.480 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 8413.044 0.000302 0.190 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 159.5672 5.72E‐06 0.004 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 104.6061 3.75E‐06 0.002 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 43760.41 0.00157 1.000 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 227584.1 0.008163 5.220 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 1244.348 4.46E‐05 0.029 Urban Low Intensity MoRAP_EcoClsID Water Northern Humid Gulf Coastal Prairies Western Gulf Coastal Plain 107.5942 3.86E‐06 0.002

The disturbed area is in a 25 ft buffer (average distance from roadway center to edge of ROW)

Gulf Coast: Coastal Prairie 0.088 Urban High Intensity 30.516 Urban Low Intensity 6.447

Attachment 4 – Species Maps

Attachment 5 – Project Area Photos

Photo 1: North Shepherd and West 28th

Photo 2: North Shepherd between West 26th and West 27th

Photo 3: North Shepherd between West 24th and West 25th

Photo 4: North Shepherd and West 23rd

Photo 5: North Shepherd between West 20th and West 21st

Photo 6: North Durham between West 20th and West 21st

Photo 7: North Shepherd and West 19th

Photo 8: North Shepherd between West 17th and West 18th

Photo 9: North Shepherd between West 16th and West 17th

Photo 10: North Durham and West 16th

Photo 11: North Shepherd between West 15th and West 16th

Photo 12: North Shepherd between West 14th and West 15th

Photo 13: North Shepherd between West 13th and West 14th

Photo 14: North Shepherd and West 11th

Photo 15: North Shepherd and West 10th

Photo 16: North Shepherd and Larkin

Attachment 6 – USFWS Consultation Letter

United States Department of the Interior FISH AND WILDLIFE SERVICE Texas Coastal Ecological Services Field Office 17629 El Camino Real #211 Houston, TX 77058 Phone: (281) 286-8282 Fax: (281) 488-5882 http://www.fws.gov/southwest/es/TexasCoastal/ http://www.fws.gov/southwest/es/ES_Lists_Main2.html

In Reply Refer To: February 11, 2020 Consultation Code: 02ETTX00-2020-SLI-1089 Event Code: 02ETTX00-2020-E-02235 Project Name: Shepherd Durham Reconstruction

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The U.S. Fish and Wildlife Service (Service) field offices in Clear Lake, Tx, and Corpus Christi, Tx, have combined administratively to form the Texas Coastal Ecological Services Field Office. A map of the Texas Coastal Ecological Services Field Office area of responsibility can be found at: http://www.fws.gov/southwest/es/TexasCoastal/Map.html. All project related correspondence should be sent to the field office responsible for the area in which your project occurs. For projects located in southeast Texas please write to: Field Supervisor; U.S. Fish and Wildlife Service; 17629 El Camino Real Ste. 211; Houston, Texas 77058. For projects located in southern Texas please write to: Field Supervisor; U.S. Fish and Wildlife Service; P.O. Box 81468; Corpus Christi, Texas 78468-1468. For projects located in six counties in southern Texas (Cameron, Hidalgo, Starr, Webb, Willacy, and Zapata) please write: Santa Ana NWR, ATTN: Ecological Services Sub Office, 3325 Green Jay Road, Alamo, Texas 78516.

The enclosed species list identifies federally threatened, endangered, and proposed to be listed species; designated critical habitat; and candidate species that may occur within the boundary of your proposed project and/or may be affected by your proposed project.

New information from updated surveys, changes in the abundance and distribution of species, changes in habitat conditions, or other factors could change the list. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends that verification be completed by visiting the ECOS-IPaC website http://ecos.fws.gov/ipac/ at regular intervals during project planning and implementation for updates to species list and information. An updated list may be 02/11/2020 Event Code: 02ETTX00-2020-E-02235 2 requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

Candidate species have no protection under the Act but are included for consideration because they could be listed prior to the completion of your project. The other species information should help you determine if suitable habitat for these listed species exists in any of the proposed project areas or if project activities may affect species on-site, off-site, and/or result in "take" of a federally listed species.

"Take" is defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. In addition to the direct take of an individual animal, habitat destruction or modification can be considered take, regardless of whether it has been formally designated as critical habitat, if the activity results in the death or injury of wildlife by removing essential habitat components or significantly alters essential behavior patterns, including breeding, feeding, or sheltering.

Section 7

Section 7 of the Act requires that all Federal agencies consult with the Service to ensure that actions authorized, funded or carried out by such agencies do not jeopardize the continued existence of any listed threatened or endangered species or adversely modify or destroy critical habitat of such species. It is the responsibility of the Federal action agency to determine if the proposed project may affect threatened or endangered species. If a "may affect" determination is made, the Federal agency shall initiate the section 7 consultation process by writing to the office that has responsibility for the area in which your project occurs.

Is not likely to adversely affect - the project may affect listed species and/or critical habitat; however, the effects are expected to be discountable, insignificant, or completely beneficial. Certain avoidance and minimization measures may need to be implemented in order to reach this level of effects. The Federal agency or the designated non-Federal representative should seek written concurrence from the Service that adverse effects have been eliminated. Be sure to include all of the information and documentation used to reach your decision with your request for concurrence. The Service must have this documentation before issuing a concurrence.

Is likely to adversely affect - adverse effects to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not discountable, insignificant, or beneficial. If the overall effect of the proposed action is beneficial to the listed species but also is likely to cause some adverse effects to individuals of that species, then the proposed action "is likely to adversely affect" the listed species. An "is likely to adversely affect" determination requires the Federal action agency to initiate formal section 7 consultation with this office.

No effect - the proposed action will not affect federally listed species or critical habitat (i.e., suitable habitat for the species occurring in the project county is not present in or adjacent to the action area). No further coordination or contact with the Service is necessary. However, if the

02/11/2020 Event Code: 02ETTX00-2020-E-02235 3 project changes or additional information on the distribution of listed or proposed species becomes available, the project should be reanalyzed for effects not previously considered.

Regardless of your determination, the Service recommends that you maintain a complete record of the evaluation, including steps leading to the determination of affect, the qualified personnel conducting the evaluation, habitat conditions, site photographs, and any other related articles.

Please be advised that while a Federal agency may designate a non-Federal representative to conduct informal consultations with the Service, assess project effects, or prepare a biological assessment, the Federal agency must notify the Service in writing of such a designation. The Federal agency shall also independently review and evaluate the scope and contents of a biological assessment prepared by their designated non-Federal representative before that document is submitted to the Service.

The Service's Consultation Handbook is available online to assist you with further information on definitions, process, and fulfilling Act requirements for your projects at: http://www.fws.gov/ endangered/esa-library/pdf/esa_section7_handbook.pdf

Section 10

If there is no federal involvement and the proposed project is being funded or carried out by private interests and/or non-federal government agencies, and the project as proposed may affect listed species, a section 10(a)(1)(B) permit is recommended. The Habitat Conservation Planning Handbook is available at: http://www.fws.gov/endangered/esa-library/pdf/HCP_Handbook.pdf

Service Response

Please note that the Service strives to respond to requests for project review within 30 days of receipt, however, this time period is not mandated by regulation. Responses may be delayed due to workload and lack of staff. Failure to meet the 30-day timeframe does not constitute a concurrence from the Service that the proposed project will not have impacts to threatened and endangered species.

Proposed Species and/or Proposed Critical Habitat

While consultations are required when the proposed action may affect listed species, section 7(a) (4) was added to the ESA to provide a mechanism for identifying and resolving potential conflicts between a proposed action and proposed species or proposed critical habitat at an early planning stage. The action agency should seek conference from the Service to assist the action agency in determining effects and to advise the agency on ways to avoid or minimize adverse effect to proposed species or proposed critical habitat.

Candidate Species

Candidate species are species that are being considered for possible addition to the threatened and endangered species list. They currently have no legal protection under the ESA. If you find you have potential project impacts to these species the Service would like to provide technical

02/11/2020 Event Code: 02ETTX00-2020-E-02235 4 assistance to help avoid or minimize adverse effects. Addressing potential impacts to these species at this stage could better provide for overall ecosystem healh in the local area and ay avert potential future listing.

Several species of freshwater mussels occur in Texas and four are candidates for listing under the ESA. The Service is also reviewing the status of six other species for potential listing under the ESA. One of the main contributors to mussel die offs is sedimentation, which smothers and suffocates mussels. To reduce sedimentation within rivers, streams, and tributaries crossed by a project, the Service recommends that that you implement the best management practices found at: http://www.fws.gov/southwest/es/TexasCoastal/FreshwaterMussels.html.

Candidate Conservation Agreements (CCAs) or Candidate Conservation Agreements with Assurances (CCAAs) are voluntary agreements between the Service and public or private entities to implement conservation measures to address threats to candidate species. Implementing conservation efforts before species are listed increases the likelihood that simpler, flexible, and more cost-effective conservation options are available. A CCAA can provide participants with assurances that if they engage in conservation actions, they will not be required to implement additional conservation measures beyond those in the agreement. For additional information on CCAs/CCAAs please visit the Service's website at http://www.fws.gov/endangered/what-we-do/ cca.html.

Migratory Birds

The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions for the protection of migratory birds. Under the MBTA, taking, killing, or possessing migratory birds is unlawful. Many may nest in trees, brush areas or other suitable habitat. The Service recommends activities requiring vegetation removal or disturbance avoid the peak nesting period of March through August to avoid destruction of individuals or eggs. If project activities must be conducted during this time, we recommend surveying for active nests prior to commencing work. A list of migratory birds may be viewed at http://www.fws.gov/migratorybirds/ regulationspolicies/mbta/mbtandx.html.

The bald eagle (Haliaeetus leucocephalus) was delisted under the Act on August 9, 2007. Both the bald eagle and the goden eagle (Aquila chrysaetos) are still protected under the MBTA and BGEPA. The BGEPA affords both eagles protection in addition to that provided by the MBTA, in particular, by making it unlawful to "disturb" eagles. Under the BGEPA, the Service may issue limited permits to incidentally "take" eagles (e.g., injury, interfering with normal breeding, feeding, or sheltering behavior nest abandonment). For more information on bald and golden eagle management guidlines, we recommend you review information provided at http:// www.fws.gov/midwest/eagle/pdf/NationalBaldEagleManagementGuidelines.pdf.

The construction of overhead power lines creates threats of avian collision and electrocution. The Service recommends the installation of underground rather than overhead power lines whenever possible. For new overhead lines or retrofitting of old lines, we recommend that project

02/11/2020 Event Code: 02ETTX00-2020-E-02235 5 developers implement, to the maximum extent practicable, the Avian Power Line Interaction Committee guidelines found at http://www.aplic.org/.

Meteorological and communication towers are estimated to kill millions of birds per year. We recommend following the guidance set forth in the Service Interim Guidelines for Recommendations on Communications Tower Siting, Constructions, Operation and Decommissioning, found online at: http://www.fws.gov/habitatconservation/ communicationtowers.html, to minimize the threat of avian mortality at these towers. Monitoring at these towers would provide insight into the effectiveness of the minimization measures. We request the results of any wildlife mortality monitoring at towers associated with this project.

We request that you provide us with the final location and specifications of your proposed towers, as well as the recommendations implemented. A Tower Site Evaluation Form is also available via the above website; we recommend you complete this form and keep it in your files. If meteorological towers are to be constructed, please forward this completed form to our office.

More information concerning sections 7 and 10 of the Act, migratory birds, candidate species, and landowner tools can be found on our website at: http://www.fws.gov/southwest/es/ TexasCoastal/ProjectReviews.html.

Wetlands and Wildlife Habitat

Wetlands and riparian zones provide valuable fish and wildlife habitat as well as contribute to flood control, water quality enhancement, and groundwater recharge. Wetland and riparian vegetation provides food and cover for wildlife, stabilizes banks and decreases soil erosion. These areas are inherently dynamic and very sensitive to changes caused by such activities as overgrazing, logging, major construction, or earth disturbance. Executive Order 11990 asserts that each agency shall provide leadership and take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial value of wetlands in carrying out the agency's responsibilities. Construction activities near riparian zones should be carefully designed to minimize impacts. If vegetation clearing is needed in these riparian areas, they should be re-vegetated with native wetland and riparian vegetation to prevent erosion or loss of habitat. We recommend minimizing the area of soil scarification and initiating incremental re-establishment of herbaceous vegetation at the proposed work sites. Denuded and/or disturbed areas should be re-vegetated with a mixture of native legumes and grasses. Species commonly used for soil stabilization are listed in the Texas Department of Agriculture's (TDA) Native Tree and Plant Directory, available from TDA at P.O. Box 12847, Austin, Texas 78711. The Service also urges taking precautions to ensure sediment loading does not occur to any receiving streams in the proposed project area. To prevent and/or minimize soil erosion and compaction associated with construction activities, avoid any unnecessary clearing of vegetation, and follow established rights-of-way whenever possible. All machinery and petroleum products should be stored outside the floodplain and/or wetland area during construction to prevent possible contamination of water and soils.

02/11/2020 Event Code: 02ETTX00-2020-E-02235 6

Wetlands and riparian areas are high priority fish and wildlife habitat, serving as important sources of food, cover, and shelter for numerous species of resident and migratory wildlife. Waterfowl and other migratory birds use wetlands and riparian corridors as stopover, feeding, and nesting areas. We strongly recommend that the selected project site not impact wetlands and riparian areas, and be located as far as practical from these areas. Migratory birds tend to concentrate in or near wetlands and riparian areas and use these areas as migratory flyways or corridors. After every effort has been made to avoid impacting wetlands, you anticipate unavoidable wetland impacts will occur; you should contact the appropriate U.S. Army Corps of Engineers office to determine if a permit is necessary prior to commencement of construction activities.

If your project will involve filling, dredging, or trenching of a wetland or riparian area it may require a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers (COE). For permitting requirements please contact the U.S. Corps of Engineers, District Engineer, P.O. Box 1229, Galveston, Texas 77553-1229, (409) 766-3002.

Beneficial Landscaping

In accordance with Executive Order 13112 on Invasive Species and the Executive Memorandum on Beneficial Landscaping (42 C.F.R. 26961), where possible, any landscaping associated with project plans should be limited to seeding and replanting with native species. A mixture of grasses and forbs appropriate to address potential erosion problems and long-term cover should be planted when seed is reasonably available. Although Bermuda grass is listed in seed mixtures, this species and other introduced species should be avoided as much as possible. The Service also recommends the use of native trees, shrubs, and herbaceous species that are adaptable, drought tolerant and conserve water.

State Listed Species

The State of Texas protects certain species. Please contact the Texas Parks and Wildlife Department (Endangered Resources Branch), 4200 Smith School Road, Austin, Texas 78744 (telephone 512/389-8021) for information concerning fish, wildlife, and plants of State concern or visit their website at: http://www.tpwd.state.tx.us/huntwild/wild/wildlife_diversity/ texas_rare_species/listed_species/.

If we can be of further assistance, or if you have any questions about these comments, please contact 281/286-8282 if your project is in southeast Texas, or 361/994-9005, ext. 246, if your project is in southern Texas. Please refer to the Service consultation number listed above in any future correspondence regarding this project.

Attachment(s):

▪ Official Species List

02/11/2020 Event Code: 02ETTX00-2020-E-02235 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Texas Coastal Ecological Services Field Office 17629 El Camino Real #211 Houston, TX 77058 (281) 286-8282

02/11/2020 Event Code: 02ETTX00-2020-E-02235 2

Project Summary Consultation Code: 02ETTX00-2020-SLI-1089

Event Code: 02ETTX00-2020-E-02235

Project Name: Shepherd Durham Reconstruction

Project Type: TRANSPORTATION

Project Description: Roadway, pedestrian, cyclist, and drainage improvements

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/29.795328896576713N95.41097056540644W

Counties: Harris, TX

02/11/2020 Event Code: 02ETTX00-2020-E-02235 3

Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 3 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469

02/11/2020 Event Code: 02ETTX00-2020-E-02235 4

Birds NAME STATUS Least Tern Sterna antillarum Endangered Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ▪ Wind related projects within migratory route. Species profile: https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: ▪ Wind related projects within migratory route. Species profile: https://ecos.fws.gov/ecp/species/6039

Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ▪ Wind related projects within migratory route. Species profile: https://ecos.fws.gov/ecp/species/1864

Flowering Plants NAME STATUS Texas Prairie Dawn-flower Hymenoxys texana Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6471

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.